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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ROCHELLE NISHIMOTO, individually
and as Successor in Interest to Jason
Nishimoto,

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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

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On June 14, 2018, Plaintiffs’ filed the instant motion to amend, which requests

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permission to file a Third Amended Complaint (“TAC”). (Docket No. 49.) The

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proposed TAC substitutes four Doe defendants, whose identities Plaintiffs indicate they

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have only recently learned. (Mot. at pp. 2-3.)

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Also pending before the Court is the motion to dismiss the operative Second

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Amended Complaint filed by Defendant Anne Brantman. (Docket No. 42.) On June 15,

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2018, the Court contacted counsel for Defendant Brantman by telephone to inquire

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whether Defendant Brantman intended to file an opposition to Plaintiffs’ motion to

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amend. Attorney Michelle L. Buxton represented Defendant Brantman would not be

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filing an opposition to Plaintiffs’ motion to amend.
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3:16-cv-01974-BEN-JMA

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The Court finds the interests of justice requires granting Plaintiffs’ motion.

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Accordingly, Plaintiffs’ motion to amend is GRANTED. Because the TAC, once filed,

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will supersede the Second Amended Complaint, Defendant Brantman’s motion to dismiss

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is DENIED as moot.

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Plaintiffs shall file their Third Amended Complaint within three (3) days of the

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date of this Order. It is expected that Plaintiffs will serve the newly named defendants

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expeditiously.

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IT IS SO ORDERED.

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Dated: June 15, 2018

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3:16-cv-01974-BEN-JMA