Gillam et al v. City of Vallejo, et al

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 5/28/15 DENYING WITHOUT PREJUDICE 17 Motion to Amend the Complaint. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARVIN GILLAM & PAMALA
GILLAM,
Plaintiffs,

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No. 2:14-cv-2217-KJM-KJN PS

ORDER
v.
CITY OF VALLEJO, et al.,

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Defendants.

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On May 22, 2015, plaintiffs filed a motion to amend their complaint. (ECF No. 17.)

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However, in accordance with the court’s prior order, any formal discovery and motion practice in

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this case remain stayed until a scheduling order or other appropriate order issues. (ECF No. 16.)

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No such order has issued. Therefore, the court denies plaintiffs’ motion at this juncture, but

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without prejudice.

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The parties are due to file a joint status report regarding the status of plaintiffs’ efforts to

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obtain counsel and proposed dates for scheduling the case on June 1, 2015. (ECF No. 16.) As

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part of that status report, the parties shall also propose an appropriate deadline for filing motions

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to amend the pleadings. Additionally, plaintiffs are reminded that, once the temporary stay on

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motion practice is lifted by court order, they should first attempt to seek a stipulation from

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defendants to file an amended complaint before filing a motion for such relief with the court.
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Any such motion shall be accompanied by a declaration from plaintiffs, under penalty of perjury,

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indicating that they first sought a stipulation to amend the complaint from defendants, but were

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unsuccessful. Importantly, the declaration shall also outline the parties’ efforts to meaningfully

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meet and confer regarding such a proposed amendment. Furthermore, any motion shall be

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properly noticed for hearing pursuant to Local Rule 230. Failure to comply with these

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requirements may result in a summary denial of such motion.

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Accordingly, IT IS HEREBY ORDERED that plaintiffs’ motion to amend (ECF No. 17)

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is denied without prejudice.

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Dated: May 28, 2015

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