Forte v. County of Merced et al

Filing 189

ORDER SETTING Briefing Schedule on Plaintiff's Motion to Amend First Amended Complaint: (1)Plaintiff's Motion to Amend the First Amended Complaint filed by 1/31/2014. (2) Defendants shall file their Opposition by 2/28/2014. (3) Plainti ff shall file Reply by 3/21/2014. (4) MOTION HEARING set for April 4, 2014 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Moving and opposition brief shall not exceed 25 pages. Plaintiff's reply brief shall not exceed 10 pages. signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2013. (Herman, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EUGENE E. FORTE,
Plaintiff,

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Case No. 1:11-cv-00318-AWI-BAM
ORDER SETTING BRIEFING
SCHEDULE ON PLAINTIFF’S MOTION
TO AMEND FIRST AMENDED
COMPLAINT

v.
COUNTY OF MERCED, et al.,
Defendant.

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On November 4, 2013, the Court held an initial scheduling conference. Plaintiff Eugene Forte

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appeared in person on behalf of himself. Counsel Roger Matzkind appeared in person on behalf of

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Defendants John Picinich, Jaskowiac, Hill, and Leuchner. Counsel Rayma Church appeared in person

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on behalf of Defendant Anthony Parker.

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During the scheduling conference, Plaintiff expressed a desire to amend the First Amended

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Complaint to add additional defendants and claims. The Court finds that it would be premature to set

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a schedule for trial in light of plaintiff’s request. Accordingly, the Court sets the following briefing

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schedule on Plaintiff’s Motion to Amend the First Amended Complaint:

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1.

Plaintiff shall file his Motion to Amend the First Amended Complaint on or before

January 31, 2014.

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2.

Defendants shall file their opposition, if any, on or before February 28, 2014.

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3.

Plaintiff shall file his reply, if any, on or before March 21, 2014.
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4.

A hearing will be held on April 4, 2014, at 9:00 AM, in Courtroom 8, before United

States Magistrate Judge Barbara A. McAuliffe.

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Moving and opposition briefs shall not exceed twenty-five (25) pages. Plaintiff’s reply brief

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shall not exceed ten (10) pages. See, Standing Order of Magistrate Judge Barbara A. McAuliffe ¶8.

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Any brief that does not strictly comply with these page limitations will be stricken. Accordingly, the

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Court expects the parties to present a distilled, succinct presentation of the facts and law necessary to

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reach a decision.

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Plaintiff is advised that an amended complaint supersedes the original complaint and must be
“complete in itself without reference to the prior or superseded pleading.” L.R. 220; see also, Forsyth

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v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997) overruled in part on other grounds, Lacey v.

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Maricopa County, 693 F.3d 896, 928 (9th Cir. Aug.29, 2012) (en banc); King v. Atiyeh, 814 F.2d 565,

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567 (9th Cir. 1987).

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 5, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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