Collier v. State of California et al

Filing 34

ORDER Granting 33 Joint Motion for Leave to File Third Amended Complaint. Plaintiff is ORDERED to file the Third Amended Complaint attached to the stipulation on or before November 30, 2020. Signed by Judge Cynthia Bashant on 11/19/2020. (All non-registered users served via U.S. Mail Service)(mme)

Case 3:19-cv-01599-BAS-RBM Document 34 Filed 11/19/20 PageID.220 Page 1 of 2

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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KAI COLLIER,
Plaintiff,

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Case No. 19-cv-1599-BAS-RBM
ORDER GRANTING JOINT
MOTION FOR LEAVE TO FILE
THIRD AMENDED COMPLAINT
(ECF No. 33)

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendant.

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On November 20, 2019, Plaintiff Kai Collier filed his Second Amended Complaint

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against Defendants California Department of Corrections and Rehabilitation, Officer John

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Huerta, Sergeant Jessie Romero, and Does 1–20 for wrongful death of Plaintiff’s son, the

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late Christian Collier, who was an inmate at Defendants’ Centinela State Prison. (Second

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Am. Compl. (“SAC”), ECF No. 13.) The SAC alleges that Defendants failed to give

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Christian Collier medical attention while he exhibited symptoms of overdose from

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methamphetamine and eventually died from the overdose. (Id.)

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Since the filing of the SAC, the Court temporarily stayed discovery to address the

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concerns stemming from the rise of the COVID-19 pandemic. (Order Granting Joint Mot.

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to Stay Proceedings, ECF No. 22.) The Court lifted the stay on September 30, 2020, upon
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Case 3:19-cv-01599-BAS-RBM Document 34 Filed 11/19/20 PageID.221 Page 2 of 2

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the parties’ joint request, and allowed the discovery to proceed. (Order Lifting Stay, ECF

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No. 31.)

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In the present stipulation, the parties express their agreement that Plaintiff be granted

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leave to file a Third Amended Complaint to add six additional individual Defendants:

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R. Davila; A. Hernandez; A. Navarro; J. Estrada; A. Beltran; and A. Macias. (Stipulation

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to Amend Compl., ECF No. 33.) Courts “should freely grant leave [to amend] when justice

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so requires.” Fed. R. Civ. P. 15(a)(2). The Court finds it appropriate to allow Plaintiff to

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amend the complaint and GRANTS Plaintiff leave to amend her pleading. Plaintiff is

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ORDERED to file the Third Amended Complaint attached to the stipulation on or before

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November 30, 2020.

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IT IS SO ORDERED.

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DATED: November 19, 2020

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