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)

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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

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