Nishimoto v. County of San Diego et al
Filing
51
ORDER Granting 49 Motion to File Third Amended Complaint; and Denying 42 as Moot Defendant Anne Brantman's Motion to Dismiss. Plaintiffs shall file their Third Amended Complaint within three (3) days of the date of this Order. Signed by Judge Roger T. Benitez on 6/15/18. (dlg)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11
12
ROCHELLE NISHIMOTO, individually
and as Successor in Interest to Jason
Nishimoto,
13
14
15
16
Case No.: 3:16-cv-01974-BEN-JMA
ORDER:
Plaintiff,
(1) GRANTING PLAINTIFFS’
MOTION TO FILE A THIRD
AMENDED COMPLAINT; and
v.
COUNTY OF SAN DIEGO; Does 1-100,
Defendants.
(2) DENYING AS MOOT
DEFENDANT ANNE BRANTMAN’S
MOTION TO DISMISS
17
18
19
On June 14, 2018, Plaintiffs’ filed the instant motion to amend, which requests
20
permission to file a Third Amended Complaint (“TAC”). (Docket No. 49.) The
21
proposed TAC substitutes four Doe defendants, whose identities Plaintiffs indicate they
22
have only recently learned. (Mot. at pp. 2-3.)
23
Also pending before the Court is the motion to dismiss the operative Second
24
Amended Complaint filed by Defendant Anne Brantman. (Docket No. 42.) On June 15,
25
2018, the Court contacted counsel for Defendant Brantman by telephone to inquire
26
whether Defendant Brantman intended to file an opposition to Plaintiffs’ motion to
27
amend. Attorney Michelle L. Buxton represented Defendant Brantman would not be
28
filing an opposition to Plaintiffs’ motion to amend.
1
3:16-cv-01974-BEN-JMA
1
The Court finds the interests of justice requires granting Plaintiffs’ motion.
2
Accordingly, Plaintiffs’ motion to amend is GRANTED. Because the TAC, once filed,
3
will supersede the Second Amended Complaint, Defendant Brantman’s motion to dismiss
4
is DENIED as moot.
5
Plaintiffs shall file their Third Amended Complaint within three (3) days of the
6
date of this Order. It is expected that Plaintiffs will serve the newly named defendants
7
expeditiously.
8
IT IS SO ORDERED.
9
10
Dated: June 15, 2018
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
3:16-cv-01974-BEN-JMA
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?