J.W. v. Corporal Carrier et al

Filing 24

MEMORANDUM AND ORDER granting in part 22 Motion to Defer on Ruling on Defendant's Motion for Dismissal and/or Summary Judgment or Schedule a Hearing in the Alternative. Signed by Judge Marvin J. Garbis on 11/12/13. (jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
J.W.

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Plaintiff
vs.

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CORPORAL CARRIER, et al.
Defendants
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CIVIL ACTION NO. MJG-13-2386

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MEMORANDUM AND ORDER RE: SECOND AMENDED COMPLAINT
The Court has before it Defendants' Motion to Dismiss,
or, in the Alternative, Motion for Summary Judgment [Document
11], Plaintiff's Motion for This Court to (1) Defer on Ruling on
Defendant's [sic] Motion for Dismissal and/or Summary Judgment
or Schedule a Hearing in the Alternative [Document 22] and the
materials submitted relating thereto.

The Court finds a hearing

unnecessary.
In the Amended Complaint [Document 3], Plaintiff presents
claims against Defendants in fifteen Counts.

Defendants have

moved for dismissal, or, in the alternative, summary judgment as
to all claims on various grounds.

Plaintiff has responded to

Defendants' motion addressing some, but not all of Defendants'
contentions.

By the instant motion seeking a deferral of

decision by the Court, Plaintiff states that he intends to file
a Second Amended Complaint.

In the interest of efficiency, and to avoid a series of
amendments to the Complaint, the Court will provide Plaintiff
with the opportunity to file a Second Amended Complaint.
Plaintiff cannot expect to obtain leave to file a Third Amended
Complaint.

Plaintiff must consider the filings of Defendants

addressed to the Amended Complaint in deciding what to include
in the Second Amended Complaint.

Plaintiff must omit from the

Second Amended Complaint claims that lack any reasonable basis
in fact and law.
Accordingly:
1.

Plaintiff's Motion for This Court to (1) Defer on
Ruling on Defendant's [sic] Motion for Dismissal
and/or Summary Judgment or Schedule a Hearing in
the Alternative [Document 22] is GRANTED IN PART.

2.

Plaintiff may file a Second Amended Complaint,
consistent with the discussion herein, by
December 12, 2013.
a.

The filing of a timely Second Amended
Complaint shall render moot Defendants'
Motion to Dismiss, or, in the Alternative,
Motion for Summary Judgment [Document 11].

b.

Defendants may, however, file a motion
seeking dismissal and/or summary judgment
addressed to any Second Amended Complaint.

SO ORDERED, Tuesday, November 12, 2013.

/s/__________
Marvin J. Garbis
United States District Judge

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