1 RONALD CRUZ, State Bar No. 267038 Scheff, Washington & Driver, P.C. 2 1985 Linden St. Oakland, CA 94607 3 (510) 384-8859
[email protected] 4 SHANTA DRIVER, Michigan Bar No. P65007* SCHEFF, WASHINGTON & DRIVER, P.C. 5 645 Griswold St., Suite 1817 Detroit, MI 48226 6 Phone: 313-963-1921 Fax: 313-963-7587
[email protected] 7 *Admitted pro hac vice 8 Attorneys for Plaintiffs 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 10 YVETTE FELARCA, et al. CASE NO.: 4:11-cv-05719-YGR 11 Plaintiffs, NOTICE OF MOTION AND 12 MOTION FOR LEAVE TO vs. AMEND FIRST AMENDED 13 COMPLAINT ROBERT J. BIRGENEAU, et al., 14 Defendants. 15 ______________________________________ 16 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 17 PLEASE TAKE NOTICE that the plaintiffs, via the motion set forth below, move 18 this Court to grant leave to plaintiffs to amend their First Amended Complaint to add claims 19 for which leave to amend has not yet been granted. The motion is based on the Court’s order 20 of February 25, 2013 and the Court’s file on this matter, and includes a proposed Second 21 Amended Complaint and a Proposed Order. 22 MOTION 23 The plaintiffs hereby request this Court to grant leave for the plaintiffs to amend 24 their First Amended Complaint (FAC), pursuant to the attached proposed Second Amended NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND FIRST AMENDED COMPLAINT 4:11-cv-05719-YGR 1 1 Complaint (Exhibit A). First, the proposed Second Amended Complaint amends the 2 plaintiffs’ First Amendment claims and their excessive-force Fourth Amendment claims, for 3 which leave already has been granted by this Court.