Nunes et al v. County of Stanislaus et al

Filing 34

ORDER DENYING STIPULATION FOR PLAINTIFFS TO FILE A FIRST AMENDED COMPLAINT WITHOUT PREJUDICE. Signed by Magistrate Judge Stanley A. Boone on 7/9/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANGELINA NUNES, et al.,
Plaintiffs,

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Case No. 1:17-cv-00633-DAD-SAB
ORDER DENYING STIPULATION FOR
PLAINTIFFS TO FILE A FIRST AMENDED
COMPLAINT WITHOUT PREJUDICE

v.
COUNTY OF STANISLAUS, et al.,

(ECF No. 33)

Defendants.

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On May 5, 2017, Plaintiffs filed a complaint. (ECF No. 1.) After Defendants’ motion to

18 dismiss was denied, they filed an answer on September 29, 2017. (ECF No. 21.) On October 17,
19 2017, the Court held the scheduling conference, and the scheduling order issued on October 19,
20 2017. (ECF Nos. 23, 24.) On July 6, 2018, Plaintiffs filed a stipulation for Plaintiffs to file a
21 first amended complaint. (ECF No. 33.)
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The scheduling order states that “[a]ny motions or stipulations requesting leave to amend

23 the pleadings must be filed no later than May 1, 2018. The parties are advised that filing
24 motions and/or stipulations requesting leave to amend the pleading does not reflect on the
25 propriety of the amendment or imply good cause to modify the existing schedule, if necessary.”
26 (ECF No. 24 at 2.)
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Since Plaintiffs are not entitled to amend their complaint as a matter of course, see Fed.

28 R. Civ. P. 15(a)(1), they are required to file a motion or stipulation requesting leave to amend

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1 their complaint, see Fed. R. Civ. P. 15(a)(2).

Rule 6(b)(1) of the Federal Rules of Civil

2 Procedure provides that:
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When an act may or must be done within a specified time, the court may, for good
cause, extend the time:

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(A) with or without motion or notice if the court acts, or if a request is made, before
the original time or its extension expires; or
(B) on motion made after the time has expired if the party failed to act because of
excusable neglect.

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7 Fed. R. Civ. P. 6(b)(1).
The parties’ stipulation for Plaintiffs to file a first amended complaint does not provide

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9 any explanation for why the request to file a first amended complaint was not made before the
10 May 1, 2018 deadline to amend the pleadings. Therefore, Plaintiffs have not shown excusable
11 neglect for not filing the request to file a first amended complaint prior to the deadline to amend
12 the pleadings.
Accordingly, it is HEREBY ORDERED that the stipulation for Plaintiffs to file a first

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14 amended complaint is DENIED without prejudice.
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IT IS SO ORDERED.

17 Dated:

July 9, 2018
UNITED STATES MAGISTRATE JUDGE

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