Collier v. State of California et al
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
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Case No. 19-cv-1599-BAS-RBM
ORDER GRANTING JOINT
MOTION FOR LEAVE TO FILE
THIRD AMENDED COMPLAINT
(ECF No. 33)
CALIFORNIA DEPARTMENT OF
REHABILITATION, et al.,
On November 20, 2019, Plaintiff Kai Collier filed his Second Amended Complaint
against Defendants California Department of Corrections and Rehabilitation, Officer John
Huerta, Sergeant Jessie Romero, and Does 1–20 for wrongful death of Plaintiff’s son, the
late Christian Collier, who was an inmate at Defendants’ Centinela State Prison. (Second
Am. Compl. (“SAC”), ECF No. 13.) The SAC alleges that Defendants failed to give
Christian Collier medical attention while he exhibited symptoms of overdose from
methamphetamine and eventually died from the overdose. (Id.)
Since the filing of the SAC, the Court temporarily stayed discovery to address the
concerns stemming from the rise of the COVID-19 pandemic. (Order Granting Joint Mot.
to Stay Proceedings, ECF No. 22.) The Court lifted the stay on September 30, 2020, upon
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the parties’ joint request, and allowed the discovery to proceed. (Order Lifting Stay, ECF
In the present stipulation, the parties express their agreement that Plaintiff be granted
leave to file a Third Amended Complaint to add six additional individual Defendants:
R. Davila; A. Hernandez; A. Navarro; J. Estrada; A. Beltran; and A. Macias. (Stipulation
to Amend Compl., ECF No. 33.) Courts “should freely grant leave [to amend] when justice
so requires.” Fed. R. Civ. P. 15(a)(2). The Court finds it appropriate to allow Plaintiff to
amend the complaint and GRANTS Plaintiff leave to amend her pleading. Plaintiff is
ORDERED to file the Third Amended Complaint attached to the stipulation on or before
November 30, 2020.
IT IS SO ORDERED.
DATED: November 19, 2020
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