Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 79

ORDER DENYING PLAINTIFF'S MOTION TO AMEND WITHOUT PREJUDICE. RENEWED MOTION TO AMEND DUE BY 9/2/2014. Motion Hearing set for 10/2/2014 at 08:00 AM before Hon. William Alsup. Signed by Judge Alsup on 7/17/2014. (whalc3, COURT STAFF) (Filed on 7/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VICTOR GUERRERO,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 13-05671 WHA

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION;
STATE PERSONNEL BOARD; and in
their official capacities JEFFREY BEARD,
Secretary of the California Department of
Corrections and Rehabilitation; SUZANNE
AMBROSE, Executive Officer of State
Personnel Board; K. CARROLL,
Lieutenant; D. SHARP, Sergeant;
BARBARA LEASHORE, Hearing Officer;
C. HESTER, Lieutenant, V. MAYOL,
Lieutenant; S. COX, Lieutenant; V.
MYERS, Sergeant,

ORDER RE MOTION
FOR LEAVE TO FILE
AMENDED COMPLAINT

Defendants.
/
After reviewing the supplemental briefing filed by both sides, plaintiff will be given the

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benefit of additional discovery in order to make the best possible argument for amending his

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equal protection claim against both defendants and his Title VII claim against SPB. The May 7

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order directed plaintiff to complete discovery on his procedural due process claim against both

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defendants and his Title VII claim against CDCR by September 2, 2014, which is eight weeks

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after defendants filed their summary judgment motions on those claims. In addition to seeking

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discovery on those claims, plaintiff is on notice that he should also be actively seeking discovery
on his equal protection claim and his Title VII claim against SPB by the September 2 deadline.

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Accordingly, plaintiff’s current motion for leave to amend is DENIED WITHOUT PREJUDICE to a

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renewed motion once additional discovery has been completed.

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A renewed motion for leave to amend his equal protection claim against both defendants

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and his Title VII claim against SPB, no longer than twelve pages, must be filed by SEPTEMBER

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2, 2014. Time to amend will be extended if defendants fail to cooperate in discovery and

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plaintiff is diligent, which includes bringing any necessary and timely motions to compel. A

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proposed amended complaint must be appended to this motion, and should include as an exhibit

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a redlined or highlighted version identifying all changes. This will be plaintiff’s last chance to

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seek leave to file an amended complaint, so he must plead his best case and must include all
relevant factual allegations to support his claims. The opposition brief, no longer than twelve

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For the Northern District of California

United States District Court

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pages, must be filed by SEPTEMBER 16. The reply brief, no longer than six pages, must be filed

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by SEPTEMBER 23. The motion hearing will be set for 8:00 A.M. ON OCTOBER 2, 2014.

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IT IS SO ORDERED.

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Dated: July 17, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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