Shupe et al v. Bank of America NA

Filing 119

ORDER denying 80 Motion for Leave to File; accepted and adopted Report and Recommendations re 105 Report and Recommendation. This Case remains referred to the Honorable Jacqueline M. Rateau for all pre-trial matters, and pleadings shall be filed under CV-13-00019-TUC-JGZ (JR).. Signed by Judge Jennifer G Zipps on 6/16/2014.(JKM)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Richard Shupe, et al., Plaintiffs, 10 11 ORDER v. 12 No. CV-13-00019-TUC-JGZ (JR) Bank of America NA, 13 Defendant. 14 15 Pending before the Court is a Report and Recommendation issued by United States 16 Magistrate Judge Jacqueline M. Rateau that recommends denying Plaintiffs’ Motion to 17 Amend Complaint. (Docs. 80 and 105.) Plaintiffs filed their objections to the R&R on 18 May 20, 2014 (doc. 110), and Defendant filed a response. (Doc. 115.) As thoroughly 19 explained by Magistrate Judge Rateau, Plaintiffs’ motion seeking to add a negligence 20 claim at the close of discovery, if granted, would cause undue delay and unfairly 21 prejudice to Defendant.1 See Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004). 22 Because Plaintiffs fail to explain their undue delay in bringing the negligence claim and 23 24 25 also fail to undermine the analysis and proper conclusion reached by Magistrate Judge Rateau, the objections are rejected, and the Report and Recommendation is adopted. Accordingly, IT IS HEREBY ORDERED as follows: 26 1 27 28 Plaintiffs also re-raised a harassment claim that was previously withdrawn. Although Plaintiffs indicate in their objections that this was done in error, they do not formally move to withdraw this claim. (Doc. 110, p. 2.) Moreover, Defendant alleges that in addition to the new claims, Plaintiffs have also alleged new medical conditions that would require additional discovery. (Doc. 115, p. 3.) 1 (1) The Report and Recommendation (Doc. 105) is accepted and adopted; 2 (2) Plaintiffs’ Motion to Amend Complaint (Doc. 80) is denied; and 3 (3) This Case remains referred to the Honorable Jacqueline M. Rateau for all pre-trial 4 matters, and pleadings shall be filed under CV-13-00019-TUC-JGZ (JR). 5 Dated this 16th day of June, 2014. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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