Domingo v. Management & Training Corporation et al

Filing 24

ORDER GRANTING 20 Request to Amend the Case Schedule, signed by Magistrate Judge Jennifer L. Thurston on 9/9/2015. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LUIS C. DOMINGO,

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Case No.: 1:15-cv-00284 AWI JLT

Plaintiff,

ORDER GRANTING REQUEST TO AMEND THE
CASE SCHEDULE

v.
MANAGEMENT & TRAINING
CORPORATION,

(Doc. 20)

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Defendants.
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Before the Court is Plaintiff’s request to amend the case schedule to extend the deadline by

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which he may file a motion to amend his complaint to add the United States of America as a

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defendant in this action. (Doc. 20) The request was filed ex parte, though the Court declined to

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consider it without allowing the defendant an opportunity to address the issues. (Doc. 21)

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Defendant has now filed its response and notes that it has no objection to the request—to the extent

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that it seeks the ability to amend the complaint and add the United States as a defendant. (Doc. 23)

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However, Defendant does oppose the request to the extent it requests the ability to amend the

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complaint related to MTC. Id. at 23. MTC notes, “to the extent that Plaintiff wishes to extend the

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pleading deadline to amend its pleadings against MTC [footnote], MTC opposes such request as

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Plaintiff has shown no good cause to amend its allegation.” Id., footnote omitted.

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The Court agrees that Plaintiff has made no effort to demonstrate good cause to amend the
complaint related to MTC and, given Defendant’s opposition on this point, the Court ORDERS:
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The request to extend the pleading amendment deadline—as it relates to adding the

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United States of America as a defendant, is GRANTED. No motion to amend the complaint as to

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MTC is authorized at this time. If such an amendment is desired by Plaintiff, he may file a formal,

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noticed motion to amend the case schedule and which demonstrates good cause to do so as required

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by Fed. R. Civ. P. 16;

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2.

No later than September 14, 2015, Plaintiff may file a motion to file or a stipulation

to file a first amended complaint naming the United States of America as a defendant to the action.

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IT IS SO ORDERED.
Dated:

September 9, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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