Newsome v. Wal-Mart Stores, Inc.

Filing 36

ORDER Directing Plaintiff to File and Serve Notice of Motion Re Plaintiff's Motion for Permission to File Sixth Amended Complaint 34 signed by Judge Oliver W. Wanger on 11/6/2009. ( Filing Deadline: 11/16/2009) (Figueroa, O)

1 2 3 4 5 6 7 8 9 10 11 12 13 WAL-MART STORES, INC., 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendant. vs. Plaintiff, WAYNE NEWSON, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-09-663 OWW/GSA ORDER DIRECTING PLAINTIFF TO FILE AND SERVE NOTICE OF MOTION RE PLAINTIFF'S MOTION FOR PERMISSION TO FILE SIXTH AMENDED COMPLAINT (Doc. 34) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

By Memorandum Decision filed on June 23, 2009, the Court dismissed the Sixth Cause of Action in Plaintiff's Fifth Amended Complaint as redundant to the Fifth Cause of Action, but further ruled: At the hearing, Plaintiff requested leave to amend to include the factual allegations supporting the Sixth Cause of Action with those supporting the Fifth Cause of Action in a single cause of action for breach of one implied contract. Plaintiff's request to so amend is GRANTED. On November 2, 2009, Plaintiff filed a "Motion for Permission to File 6th Amended Complaint." 1 Plaintiff's motion is

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not noticed for hearing.

Plaintiff's proposed Sixth Amended In his motion,

Complaint was lodged on November 2, 2009.

Plaintiff asserts that "has interlineated both the 5th and 6th causes of action into a single cause of action for an implied breach of contract." Plaintiff further asserts that he "has also

added an additional cause of action for Willful Misconduct." Because Plaintiff proposes to add a cause of action in the Sixth Amended Complaint for which leave was not previously granted, Plaintiff's motion for leave to amend must be noticed for hearing on the Court's civil law and motion calendar. Plaintiff is ordered to file and serve within ten days a notice of motion, setting the motion on the Court's next available civil motion calendar in accordance with the time requirements set forth in Rule, 78-230(b), Local Rules of Practice. Failure to timely comply will result in the denial of

Plaintiff's motion. IT IS SO ORDERED. Dated: 668554 November 6, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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