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)

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Case 3:19-cv-01599-BAS-RBM Document 34 Filed 11/19/20 PageID.220 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 KAI COLLIER, Plaintiff, 12 13 14 15 16 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. 17 18 19 On November 20, 2019, Plaintiff Kai Collier filed his Second Amended Complaint 20 against Defendants California Department of Corrections and Rehabilitation, Officer John 21 Huerta, Sergeant Jessie Romero, and Does 1–20 for wrongful death of Plaintiff’s son, the 22 late Christian Collier, who was an inmate at Defendants’ Centinela State Prison. (Second 23 Am. Compl. (“SAC”), ECF No. 13.) The SAC alleges that Defendants failed to give 24 Christian Collier medical attention while he exhibited symptoms of overdose from 25 methamphetamine and eventually died from the overdose. (Id.) 26 Since the filing of the SAC, the Court temporarily stayed discovery to address the 27 concerns stemming from the rise of the COVID-19 pandemic. (Order Granting Joint Mot. 28 to Stay Proceedings, ECF No. 22.) The Court lifted the stay on September 30, 2020, upon -119cv1599 Case 3:19-cv-01599-BAS-RBM Document 34 Filed 11/19/20 PageID.221 Page 2 of 2 1 the parties’ joint request, and allowed the discovery to proceed. (Order Lifting Stay, ECF 2 No. 31.) 3 In the present stipulation, the parties express their agreement that Plaintiff be granted 4 leave to file a Third Amended Complaint to add six additional individual Defendants: 5 R. Davila; A. Hernandez; A. Navarro; J. Estrada; A. Beltran; and A. Macias. (Stipulation 6 to Amend Compl., ECF No. 33.) Courts “should freely grant leave [to amend] when justice 7 so requires.” Fed. R. Civ. P. 15(a)(2). The Court finds it appropriate to allow Plaintiff to 8 amend the complaint and GRANTS Plaintiff leave to amend her pleading. Plaintiff is 9 ORDERED to file the Third Amended Complaint attached to the stipulation on or before 10 November 30, 2020. 11 12 IT IS SO ORDERED. 13 14 DATED: November 19, 2020 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -219cv1599

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