Shadd et al v. County Sacramento et al

Filing 68

ORDER signed by Chief Judge Morrison C. England, Jr on 3/25/14 re: 67 Order. Plaintiffs were given one final opportunity to file an amended consolidated Complaint and were instructed that the failure to timely file a Fourth Amended Complaint would result, without further notice to the parties, in the dismissal of certain parties and claims with prejudice. Plaintiffs failed to file an amended Complaint within the time permitted. Therefore, the parties and causes of actions dismissed in that O rder are DISMISSED WITH PREJUDICE. Those defendants who have not yet responded to Plaintiffs' 55 Third Amended Complaint, are ORDERED to do so within 14 days of the electronic filing of this Order. In addition, within 30 days of the electro nic filing of this Order, all parties are ORDERED to prepare and submit to the Court one consolidated joint status report that includes a Rule 26(f) discovery plan, as well as the other information required by 5 Order. Upon receipt of that status report, the Court will issue a Pretrial Scheduling Order. (Meuleman, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

MARVIN SHADD, et al.,

12
13
14
15

No. 2:12-cv-02834-MCE-KJN

Plaintiffs,
v.

ORDER

COUNTY OF SACRAMENTO, et al.,
Defendants.

16
17

On February 27, 2014, this Court granted in part and denied in part with leave to

18

amend Defendants’ Motion to Dismiss, ECF No. 59. Order, Feb. 27, 2014, ECF No. 67.

19

Plaintiffs were given one final opportunity to file an amended consolidated Complaint

20

and were instructed that the failure to timely file a Fourth Amended Complaint would

21

result, without further notice to the parties, in the dismissal of certain parties and claims

22

with prejudice. See id. Plaintiffs failed to file an amended Complaint within the time

23

permitted. Therefore, the parties and causes of actions dismissed in that Order are

24

DISMISSED WITH PREJUDICE.

25

Those Defendants who have not yet responded to Plaintiffs’ Third Amended

26

Complaint, ECF No. 55, are ordered to do so within fourteen (14) days of the electronic

27

filing of this Order. In addition, within thirty (30) days of the electronic filing of this Order,

28

all parties are ordered to prepare and submit to the Court one consolidated joint status
1

1

report that includes a Rule 26(f) discovery plan, as well as the other information required

2

by this Court’s November 20, 2012 Order Requiring Joint Status Report. See ECF No. 5

3

at 2-3.1 Upon receipt of that status report, the Court will issue a Pretrial Scheduling

4

Order.

5
6

IT IS SO ORDERED.
Dated: March 25, 2014

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

As the parties are well aware, four separate actions (Ford, Costa, Fields, and Shadd) have been
consolidated for pretrial purposes. See Order, ECF No. 28. The parties were directed that all pretrial
documents for the four matters are to be filed on the Shadd docket. Id. Thus, the parties are directed to
file a single consolidated status report encompassing all four actions. However, to the extent that any
information provided in the status report does not pertain to all four cases, the parties must clearly indicate
to which action it pertains, including, but not limited to, the parties’ Rule 26(f) discovery plan and proposed
dates for final pretrial conferences and trials.

2