Rosen v Community Education Centers Inc., et al.,

Filing 55

ORDER denying the parties 54 Stipulation to Extend Time. Signed by Judge Frederick J Martone on 11/1/10. (TLJ)

Rosen v Community Education Centers Inc., et al.,

Doc. 55

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WO

NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Claudia Cristina Rosen, Plaintiff, vs. Community Education Centers, Inc., Defendant.

) ) ) ) ) ) ) ) ) ) ) )

No. CV-10-0584-PHX-FJM ORDER

The court has before it the parties' stipulation to extend time for defendant Community Education Centers, Inc. ("CEC") to file its responsive pleading to plaintiff's second amended complaint (doc. 54). Because plaintiff's motion for leave to file a third amended complaint is currently pending (doc. 46), the parties request an order allowing defendant CEC to wait to respond to the second amended complaint until either: (1) we grant leave to file a third amended complaint, in which case defendant would respond to the third amended complaint within the time allowed by Rule 15(a)(3), Fed. R. Civ. P.; or (2) we deny leave to file a third amended complaint, in which case defendant would respond to the second amended complaint within fourteen (14) days following entry of our order denying leave to amend. Plaintiff's first complaint was filed March 15, 2010, over seven months ago (doc. 1). We are now approaching the deadlines set in our Rule 16 scheduling order for the disclosure

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

of witnesses and expert testimony (doc. 30). Plaintiff has already amended her complaint twice, and has moved for leave to amend a third time. Given the age of this action and the repeated attempts to amend the complaint, we cannot tolerate delay in the filing of a responsive pleading. It is time to put pleadings to rest. Therefore, IT IS ORDERED DENYING the parties' stipulation to extend time for defendant to file its responsive pleading (doc. 54). DATED this 1st day of November, 2010.

-2-