Rhodes v. Ford

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United States District Court
Northern District of California
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
KAVIN MAURICE RHODES,
Plaintiff,
v.
D. FORD, et al.,
Defendants.
Case No. 20-cv-03128-PJH
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE THIRD
AMENDED COMPLAINT
Re: Dkt. No. 177
Before the court is plaintiff’s motion for leave to file a third amended complaint.
See Dkt. 177. Defendant has filed a statement of non-opposition, stating that he does
not oppose the motion, but reserves the right to file a motion to dismiss the amended
complaint under Federal Rule of Civil Procedure 12(b)(6).
Accordingly, in light of defendant’s statement of non-opposition, the court
GRANTS plaintiff’s motion to file a third amended complaint. Plaintiff is directed to file
the proposed third amended complaint (currently filed as Exhibit A to Dkt. 177-1) as a
standalone document on the docket, no later than January 16, 2026. After the complaint
is filed, defendant may respond with an answer or a Rule 12(b)(6) motion according to
the applicable deadlines. The February 6, 2026 hearing is VACATED.
IT IS SO ORDERED.
Dated: January 14, 2026
/s/ Phyllis J. Hamilton
PHYLLIS J. HAMILTON
United States District Judge
Case 4:20-cv-03128-PJH Document 181 Filed 01/14/26 Page 1 of 1