Wallis et al v. Centennial Insurance Company Inc et al

Filing 216

ORDER signed by Senior Judge William B. Shubb on 3/29/2013: Plaintiffs' First Amend Complaint is hereby ordered STRICKEN, and plaintiffs are given seven days from the date of this Order to file an amended complaint consistent with this Order and the court's February 28, 2013 Order. Defendants' ex parte application to extend the trial date, dispositive motion cutoff, discovery completion, and discovery motion dates 215 is therefore DENIED as moot. (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALE M. WALLIS, D.V.M., JAMES
L. WALLIS, and HYGIEIA
BIOLOGICAL LABORATORIES, INC.,
a California Corporation,

NO. CIV. 08-02558 WBS GGH
ORDER

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Plaintiffs,
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v.
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CENTENNIAL INSURANCE COMPANY,
INC., a New York corporation,
ATLANTIC MUTUAL INSURANCE,
CO., INC., a New York
corporation,

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Defendants,
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/
AND RELATED COUNTERCLAIMS AND
THIRD-PARTY COMPLAINT.
/

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On February 28, 2013, the court granted defendant
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Atlantic Mutual’s motion for judgment on the pleadings.

(Feb.

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28, 2013 Order (Docket No. 212).)

The court allowed plaintiffs

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twenty days from the date of the Order to file an amended
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complaint “consistent with [the] Order.”

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added).)

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(“FAC”) on March 20, 2013 (Docket No. 214), defendants submitted

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an ex parte application to extend the trial date, dispositive

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motion cutoff, discovery completion, and discovery motion dates

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based upon the fact that the FAC added new claims.

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215.)

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(Id. at 20 (emphasis

After plaintiffs filed a First Amended Complaint

(Docket No.

The court granted plaintiffs leave to amend to remedy
the deficiencies in the pleading of their existing claims, not

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for the purpose of adding new claims.

Upon review of the FAC, it

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is clear that plaintiffs have gone beyond that limited purpose.

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Plaintiffs’ FAC is therefore hereby ordered STRICKEN,

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and plaintiffs are given seven days from the date of this Order

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to file an amended complaint consistent with this Order and the

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court’s February 28, 2013 Order.

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application to extend the trial date, dispositive motion cutoff,

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discovery completion, and discovery motion dates is therefore

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DENIED as moot.

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DATED:

Defendants’ ex parte

March 29, 2013

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