Smith v. Weiss et al

Filing 27

ORDER DENYING 25 Motion to Amend the Complaint signed by Magistrate Judge Barbara A. McAuliffe on 9/30/2019. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAWRENCE CHRISTOPHER SMITH,

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Plaintiff,

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Case No. 1:18-cv-00852-LJO-BAM (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO AMEND THE COMPLAINT

v.
(ECF No. 25)
WEISS, et al.,

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Defendants.

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I.

Procedural History
Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se

and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
On May 23, 2018, the undersigned issued findings and recommendations in Smith v.

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Chanelo (“Smith I”), Case No. 1:16-cv-01356-LJO-BAM (PC), recommending that: (1) the

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action proceed on Plaintiff’s first amended complaint only as to the excessive force claim against

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Defendants Sotelo, P. Chanelo, D. Wattree, K. Hunt, L. Castro, A. Gonzalez, E. Ramirez, and R.

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Rodriguez, on March 13, 2013; (2) the Court sever the misjoined claims, into three separate cases

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and such cases be opened, for excessive force for the incidents of: September 9, 2013 against

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Defendant D. Knowlton; November 15, 2013 against Defendants E. Weiss, O. Hurtado, and F.

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Zavleta; and February 6, 2014 against Defendants D. Gibbs and D. Hardy; (3) Plaintiff’s

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improperly joined claims of February 4, 2015, February 25, 2015, and September 2, 2015 be
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dismissed without prejudice to re-filing; and (4) the remaining claims and defendants be

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dismissed for failure to state a cognizable claim. Smith I, ECF No. 16. The Court adopted the

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findings and recommendations in full on June 20, 2018, and the misjoined claims were opened as

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separate actions. (ECF No. 2.) Accordingly, the instant action was opened as Smith v. Weiss,

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Case No. 1:18-cv-00852-LJO-BAM (PC), and proceeds against Defendants E. Weiss, O. Hurtado,

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and F. Zavleta for the excessive force incident of November 15, 2013.

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On July 12, 2019, a settlement conference was held before Magistrate Judge Stanley A.

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Boone, where the parties attempted to resolve the instant action as well as several other pending

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actions brought by Plaintiff. The case did not settle. (ECF No. 20.)

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On July 8, 2019, Defendants Hurtado, Weiss, and Zavleta filed an answer to the

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complaint. (ECF No. 19.) The Court issued a discovery and scheduling order on July 15, 2019.

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(ECF No. 21.)
Currently before the Court is Plaintiff’s motion to amend the complaint and a lodged

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second amended complaint, filed September 26, 2019.1 (ECF Nos. 25, 26.) Defendants have not

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yet had the opportunity to file a response to Plaintiff’s motion, but the Court find a response is

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unnecessary. The motion is deemed submitted. Local Rule 230(l).

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II.

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Motion to Amend
In his motion to amend the complaint, Plaintiff argues that his complaint is deficient in

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pleading facts sufficient for him to convey the full panoply of claims he is presently pursuing

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against the Defendants. Plaintiff further seeks to amend the complaint to join additional parties

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allegedly involved in Defendants’ conduct of November 15 and 16, 2013. Plaintiff contends that

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there will be no prejudice to Defendants in permitting him to file an amended complaint, as

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discovery was only opened on July 15, 2019. Further, Plaintiff argues that the evidence he seeks

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to admit to the Court regarding this action, should trial become necessary, will require no

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additional effort to provide discovery by the defense, and res judicata and collateral estoppel

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would preclude Plaintiff from bringing forth his claims at a later time. (ECF No. 25.)

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The Court notes that no first amended complaint has been filed in this action. However, as Plaintiff has titled the
proposed amended complaint as a second amended complaint, it has been lodged as such.

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A.

Legal Standard

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Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s

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pleading once as a matter of course at any time before a responsive pleading is served.

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Otherwise, a party may amend only by leave of the court or by written consent of the adverse

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party. Fed. R. Civ. P. 15(a). “Rule 15(a) is very liberal and leave to amend shall be freely given

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when justice so requires.” AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946, 951

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(9th Cir. 2006) (citation and quotation omitted).

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However, courts “need not grant leave to amend where the amendment: (1) prejudices the
opposing party; (2) is sought in bad faith; (3) produces an undue delay in litigation; or (4) is

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futile.” Id. These factors do not carry equal weight. Prejudice is the most important factor to

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consider. Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990).

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B.

Discussion

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As noted above, the complaint in this action was originally filed in Smith I, Case No.

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1:16-cv-01356-LJO-BAM (PC), on July 14, 2017. Smith I, ECF No. 12. The complaint

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originally named over 42 individuals as defendants, and dealt with incidents spanning many

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years. After Plaintiff’s failure to properly join claims and defendants pursuant to Federal Rules of

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Civil Procedure 18 and 20, the Court found it appropriate to sever certain cognizable claims and

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to dismiss other misjoined claims. (ECF No. 2.) Thereafter, Plaintiff attempted on multiple

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occasions to have the claims and defendants rejoined, through motions for relief from judgment,

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motions to amend, and motions for reconsideration. Smith I, ECF Nos. 20, 22, 24. All of these

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requests and proposed amended and supplemental complaints were denied, as the Court found no

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support for the existence of a conspiracy among the numerous defendants, and therefore no

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grounds that would warrant reconsideration of the earlier decision to sever Smith I and dismiss

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the otherwise unrelated claims. Id., ECF No. 27.

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It is clear that the instant motion to amend is another attempt by Plaintiff to reintroduce

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defendants and claims that were already dismissed as improperly joined. The lodged second

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amended complaint names at least twenty additional defendants, and yet upon review of the

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allegations therein, the Court again finds no support for the existence of a vast conspiracy against
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Plaintiff. Given Plaintiff’s repeated attempts to improperly join defendants and claims in a single

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action, and the Court’s repeated orders to the contrary, the Court finds that the instant motion to

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amend is brought in bad faith. Plaintiff was given multiple opportunities prior to the severance of

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these claims to set forth allegations and arguments as to why these claims and defendants should

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be joined, and the Court has consistently found Plaintiff’s contentions lacking.

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Moreover, the Court finds that prejudice to the Defendants warrants the denial of

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Plaintiff’s motion. The filing of an amended complaint at this juncture would cause undue delay,

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given the filing of Defendants’ answer. Plaintiff’s argument that an amended complaint would

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allow him to introduce evidence that may be necessary in the event of trial is unavailing. Plaintiff

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is not required to submit evidence to prove the truth of what is stated in the complaint. In the

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event it is necessary for Plaintiff to submit evidence in connection with a motion, trial, or a

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request from the Court, Plaintiff will have the opportunity to do so.

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III.

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Conclusion and Order
Accordingly, Plaintiff’s motion to amend the complaint, (ECF No. 25), is HEREBY

DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 30, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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