Mora et al v. Arpaio et al

Filing 58

ORDER granting 49 Motion to Amend/Correct. Plaintiffs shall file their second amended complaint on or before 5/28/2010. Signed by Judge David G Campbell on 5/24/2010.(NVO)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiffs, ) ) vs. ) Joseph M. Arpaio, Sheriff of Maricopa ) County, Arizona, in his individual and ) official capacities; Captain Ray Jones, in ) his individual capacity; Lieutenant Joe ) ) Sousa, in his individual capacity; ) Sergeant George Acritelli, in his individual capacity; John Does I through ) ) IV, in their individual capacities; and ) Maricopa County, a body politic, ) ) Defendants. ) ) Julian Mora; and Julio Mora,

No. CV-09-1719-PHX-DGC ORDER

Plaintiffs have filed a timely motion for leave to file a second amended complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. Dkt. #49. Plaintiffs wish to add as defendants Sergeant Guadalupe Rios and former MCSO Officer Guillermo Montano. Id. at 2; see Dkt. #49-2. Rule 15 makes clear that the Court "should freely give leave [to amend] when justice so requires." Fed. R. Civ. P. 15(a)(2). This policy in favor of leave to amend must not only be heeded by the Court, see Foman v. Davis, 371 U.S. 178, 182 (1962), it must also be applied with extreme liberality, see Owens v. Kaiser Foundation Health Plan, Inc., 244 F.3d 708, 880 (9th Cir. 2001). The Court, in the interest of justice, will grant Plaintiffs leave to file a second amended complaint. See Neuendorf v. Unknown Party, No. CV 10-124-PHX-

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RCB (DKD), 2010 WL 1743198, at *2 (D. Ariz. Apr. 27, 2010). IT IS ORDERED: 1. Plaintiffs' motion for leave to file second amended complaint (Dkt. #49) is granted. 2. Plaintiffs shall file the second amended complaint by May 28, 2010.

DATED this 24th day of May, 2010.

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