Anthony Yuzwa v. M V Oosterdam et al

Filing 47

MINUTES (IN CHAMBERS): PLAINTIFF'S EX PARTE APPLICATION FOR ORDER FOR ALLOWING FILING OF FIRST AMENDED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT [DTK.44] No by Judge Christina A. Snyder: The Court finds that plaintiff's ex parte application should be DENIED. Plaintiff may not amend his motion for leave to file a first amended complaint to avail himself, retroactively, of the deadline for amending pleadings. (bp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV12-2663-CAS(AJWx)

Title

ANTHONY YUZWA V. M/V OOSTERDAM; ET AL.

Present: The Honorable

Date

May 14, 2013

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not present

Not present

Proceedings:

(In Chambers:) PLAINTIFF’S EX PARTE APPLICATION
FOR ORDER FOR ALLOWING FILING OF FIRST
AMENDED MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT [Dkt. No. 44]

The Court set a deadline for filing amended pleadings or adding parties of
February 28, 2013. On that date, plaintiff filed his motion for leave to file a first
amended complaint. Dkt. Nos. 30, 34. The Court continued the hearing date on
plaintiff’s motion to May 20, 2013, pursuant to the joint stipulation of the parties.
On May 6, 2013, plaintiff Anthony Yuzwa filed the instant ex parte application to
amend his motion for leave to file a first amended complaint. The Court finds that
plaintiff’s ex parte application should be DENIED. Plaintiff may not amend his motion
for leave to file a first amended complaint to avail himself, retroactively, of the deadline
for amending pleadings. If plaintiff seeks to file an amended complaint different in
substance than the proposed First Amended Complaint lodged with his motion, plaintiff
may notice a new motion under the standards set forth in Federal Rules of Civil
Procedure 15 and 16.
IT IS SO ORDERED.
00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

00

CMJ

Page 1 of 1