Reginald Smith v. County of Los Angeles et al

Filing 149

ORDER GRANTING LEAVE TO AMEND AND CONTINUING DATES [1r3] by Judge Dean D. Pregerson: In order to ensure that Ms. Fryer has adequate time to presentmotions, the Court also GRANTS Defendants request to continue the last day to file motions to June 29, 2015. Because the motion cutoff date affects preparation for trial, the Court also hereby continues the final pretrial conference to September 21, 2015 at 11:00 a.m., and 4 day jury trial to September 29, 2015 9:00 a.m. Defendants recently filed a mo tion To Dismiss Plaintiffs Third Amended Complaint. (Dkt. No. 147.) However, that motionmakes extensive reference to the proposed Fourth Amended Complaint (e.g., in the background section at 2-4). The Court therefore construes the motion as a motion to dismiss the now-operative Fourth Amended Complaint. The motion stands and remains calendared for May 18, 2015, and the standard briefing schedule dictated by the Local Rules remains in effect. (lc). Modified on 4/21/2015 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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REGINALD LENARD SMITH,

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Plaintiff,
v.
COUNTY OF LOS ANGELES; LOS
ANGELES COUNTY SHERIFF'S
DEPARTMENT; Does 1 through
10, both their personal and
official capacities,
Defendants.
___________________________

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Case No. CV 11-10666 DDP (PJWx)
ORDER GRANTING LEAVE TO AMEND AND
CONTINUING DATES
[Dkt. No. 143]

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Plaintiff moves for leave to file a Fourth Amended Complaint,

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primarily to add recently-identified “Doe” Barbara Fryer to the

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complaint.1

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oppose the motion to amend as dilatory and unnecessary, arguing

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that it would not leave Defendant Fryer enough time to file

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necessary motions.

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ensure that Ms. Fryer is given reasonable notice of the claims

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against her, the Court GRANTS the motion.

(Dkt. No. 143.)

Ms. Fryer and the other defendants

(Dkt. No. 145.)

Nonetheless, in order to

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The Fourth Amended Complaint would also delete a claim that
was dismissed in a previous order. (See Dkt. No. 136.)

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In order to ensure that Ms. Fryer has adequate time to present

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motions, the Court also GRANTS Defendants’ request to continue the

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last day to file motions to June 29, 2015.

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cutoff date affects preparation for trial, the Court also hereby

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continues the final pretrial conference to September 21, 2015 at

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11:00 a.m., and 4 day jury trial to September 29, 2015 9:00 a.m.

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Because the motion

Defendants recently filed a motion “To Dismiss Plaintiff’s

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Third Amended Complaint.”

(Dkt. No. 147.)

However, that motion

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makes extensive reference to the proposed Fourth Amended Complaint

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(e.g., in the background section at 2-4).

The Court therefore

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construes the motion as a motion to dismiss the now-operative

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Fourth Amended Complaint.

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for May 18, 2015, and the standard briefing schedule dictated by

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the Local Rules remains in effect.

The motion stands and remains calendared

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IT IS SO ORDERED.

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Dated: April 21, 2015
DEAN D. PREGERSON
United States District Judge

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