Cefalu v. Holder

Filing 43

ORDER Signed by Judge Thelton E. Henderson granting re 35 Plaintiff's motion for leave to file amended complaint. Second amended complaint to be filed by 12/10/12. Parties to meet and confer prior to filing. (tehlc3, COURT STAFF) (Filed on 11/19/2012)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 VINCENT A. CEFALU, 6 7 8 9 Plaintiff, v. ERIC H. HOLDER, JR., NO. C12-0303 TEH ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Defendant. 11 For the Northern District of California United States District Court 10 Plaintiff Vincent A. Cefalu seeks leave to file a second amended complaint. Although 12 Defendant Eric Holder styled his response to Plaintiff’s motion as an opposition, he does not 13 oppose allowing the amendment. To the contrary, he “simply requests that the Court provide 14 two limited forms of relief in connection with the instant motion”: first, that Cefalu be 15 required to appear for an additional deposition on claims added to the complaint and, second, 16 that Holder be allowed additional time to respond to the complaint. Opp’n at 7. Holder also 17 contends that the proposed amended complaint “contains new causes of action that are 18 patently defective and claims for relief that are barred by federal statute.” Id. 19 After reviewing the motion and opposition, the Court concludes that no reply is 20 necessary. The parties agree that Cefalu may file an amended complaint, and Cefalu’s 21 counsel has previously stated that they were “happy to revisit” the issue of Cefalu’s further 22 deposition “if the Complaint is amended.” Oct. 16, 2012 email from Cefalu’s counsel to 23 Holder’s counsel (Ex. B to Lee Decl.). Although counsel stopped short of agreeing to make 24 Cefalu available for a further deposition following any amendment, Holder would 25 necessarily be entitled to conduct discovery on any new allegations. 26 Accordingly, with good cause appearing, IT IS HEREBY ORDERED that Cefalu’s 27 motion for leave to file a second amended complaint is GRANTED. The amended complaint 28 shall be filed on or before December 10, 2012. Prior to the filing of the amended complaint, 1 the parties shall meet and confer to attempt to avoid needless litigation by resolving Holder’s 2 concerns about the viability of the proposed new causes of action. The parties shall also 3 attempt to reach a stipulation on the amount of time Holder will have to respond to the 4 complaint. Cefalu shall be subject to a further deposition concerning any new allegations.1 5 The parties shall meet and confer on the length of such further deposition and attempt to 6 reach agreement without involving Magistrate Judge Corley. This issue would not appear to 7 require judicial intervention if both counsel are reasonable. 8 IT IS FURTHER ORDERED that the case management conference scheduled for 9 December 10, 2012, is continued to February 4, 2013, at 1:30 PM. The parties shall file a 11 For the Northern District of California United States District Court 10 joint case management conference statement on or before January 28, 2013. 12 IT IS SO ORDERED. 13 14 Dated: 11/19/12 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 15 16 17 18 19 20 21 22 23 24 25 26 27 1 The Court expresses no opinion on the parties’ ongoing dispute concerning whether Cefalu must provide additional deposition testimony on the allegations in the First Amended 28 Complaint. See Opp’n at 7 n.2. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?