Bhatnagar v. United States of America
Filing
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ORDER REOPENING CASE. Plaintiff shall file his Second Amended Complaint by 6/4/2015. Case Management Statement due by 7/16/2015. Case Management Conference set for 7/23/2015 10:00 AM. Signed by Judge Maria-Elena James on 6/1/2015. (cdnS, COURT STAFF) (Filed on 6/1/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SANJAY BHATNAGAR,
Case No. 14-cv-00327-MEJ
Plaintiff,
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ORDER RE: MOTION FOR LEAVE TO
AMEND COMPLAINT AND/OR FOR
RECONSIDERATION
v.
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UNITED STATES OF AMERICA,
Re: Dkt. No. 48
Defendant.
United States District Court
Northern District of California
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On May 19, 2015, the Court dismissed this case, finding that Plaintiff’s claims were
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untimely. Dkt. No. 46. Now pending before the Court is Plaintiff’s Motion for Leave to Amend
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and/or for Reconsideration. Dkt. No. 48. Although Defendant has not had the opportunity to
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respond to Plaintiff’s Motion, the Court notes that Federal Rule of Civil Procedure 15 provides
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that the Court “should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P.
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15(a)(2). Plaintiff’s proposed Second Amended Complaint contains additional facts and evidence
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that address the deficiencies noted in the Court’s May 19 Order. Plaintiff admits he had access to
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these facts when he filed the earlier complaints, but he was proceeding pro se at that time and
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contends he did not recognize the legal importance of the earlier efforts to submit his
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administrative tort claim. He also states that he did not include this evidence in opposition to the
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Defendant’s Motion To Dismiss because, under Rule 12(b)(6), it would have been improper for
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the Court to consider evidence beyond the pleadings.
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Without addressing the merits of Plaintiff’s arguments in support of his motion, the Court
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makes a preliminary finding that he may be able to proceed on his claims. Thus, rather than have
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the parties fully brief the matter as part of a motion for reconsideration, the Court shall permit
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Plaintiff to file his proposed amended complaint. Accordingly, the Court hereby REOPENS this
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case. Plaintiff shall file his Second Amended Complaint by June 4, 2015. Defendant shall file its
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responsive pleading by June 25, 2015.
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If Defendant files an answer, the Court shall conduct a Case Management Conference on
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July 23, 2015 at 10:00 a.m. in Courtroom B, 15th Floor, 450 Golden Gate Avenue, San Francisco,
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CA 94102. This conference shall be attended by lead trial counsel for parties who are represented.
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No later than seven calendar days before the Case Management Conference, the parties shall file a
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Joint Case Management Statement containing the information in the Standing Order for All
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United States District Court
Northern District of California
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Judges in the Northern District of California, available at: http://cand.uscourts.gov/mejorders. The
Joint Case Management Statement form may be obtained at: http://cand.uscourts.gov/civilforms.
If Defendant files a motion instead of an answer, the Case Management Conference shall be
vacated pending resolution of Defendant’s motion.
IT IS SO ORDERED.
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Dated: June 1, 2015
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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