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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VINCENT A. CEFALU,

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Plaintiff,
v.
ERIC H. HOLDER, JR.,

NO. C12-0303 TEH
ORDER GRANTING
PLAINTIFF’S MOTION FOR
LEAVE TO FILE AMENDED
COMPLAINT

Defendant.

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For the Northern District of California

United States District Court

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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.
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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.
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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.
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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

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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.
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14 Dated: 11/19/12
THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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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.
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