Lemire et al v. State of California et al

Filing 39

ORDER signed by Judge Garland E. Burrell, Jr on 1/6/09 ORDERING Pltfs five days leave from the date on which this Order is filedwithin which to file an amended complaint containing the allegationsagainst the parties named in their proposed Second Amended Complaint,except the proposed Doe Defendants may not be included. (Carlos, K)

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SHERIE LEMIRE, individually and as ) personal representative for the ) ESTATE OF ROBERT ST. JOVITE; ) GERARD CHARLES ST. JOVITE; and ) NICOLE ST. JOVITE, ) ) Plaintiffs, ) ) v. ) ) ARNOLD SCHWARTZENEGGER, ) individually and in his official ) capacity as Governor of the State ) of California; CALIFORNIA ) DEPARTMENT OF CORRECTIONS AND ) REHABILITATION (CDCR); JAMES E. ) TILTON, individually and in his ) official capacity as Secretary of ) CDCR; TOM L. CARY and D. K. SISTO, ) individually and in their official ) capacities as Warden of CSP-Solano;) Correctional Officers REBECCA ) CAHOON, ALFREDO ALCARAZ, and ) RAYMOND WADE, individually and in ) their official capacities as ) Correctional Officers; Sgts. ) CHERYL ORRICK and GALE MARTINEZ, ) individually and in their official ) capacities as Correctional ) Officers; LT. GORDON WONG, ) individually and in his official ) capacity; SHABREEN HAK, ) individually and in her official ) capacity; ALVARO C. TRAQUINA M.D., ) individually and in his official ) 1 2:08-cv-00455-GEB-EFB ORDER

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capacity as Chief Medical Officer/Health Care Manager; DR. ALFREDO NORIEGA, individually and in his official capacities; DR. DUSAY, individually and in his official capacities; and CAPT. JAMES NEURING, individually and in his official capacities, Defendants.

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) ) ) ) ) ) ) ) ) ) )

On December 10, 2008, Plaintiffs filed a motion in which they seek leave to file the proposed Second Amended Complaint attached to their motion.1 Plaintiffs seek leave to name eight Defendants as The motion is unopposed. Plaintiffs

substitutes for Doe Defendants.

are granted five days leave from the date on which this Order is filed within which to file an amended complaint containing the allegations against the parties named in their proposed Second Amended Complaint, except the proposed Doe Defendants may not be included. Plaintiffs

were informed in the Order filed on September 8, 2008, which provided Plaintiffs leave to substitute named Defendants for Doe Defendants, "If leave is not sought as stated, the Doe [D]efendants shall be dismissed." Dated: January 6, 2009

GARLAND E. BURRELL, JR. United States District Judge

This motion was determined to be suitable for decision without oral argument. L.R. 78-230(h). 2

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