Saylor v. State of Nebraska, et al.

Filing 112

MEMORANDUM AND ORDER- The plaintiff's motion for leave to file a Second Amended Complaint (Filing No. 105 ) is granted. The defendants' objections thereto (Filing Nos. 108 , 109 , and 110 ) are overruled. The proposed Second Amende d Complaint (Filing No. [105-1]) is deemed filed this date. The defendants shall respond to the Second Amended Complaint within 14 days of the date of this order. The defendants pending motions to dismiss (Filing Nos. 82 , 84 , and 95 ) are denied as moot, without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAMES SAYLOR,
Plaintiff,

4:12CV3115

vs.
STATE OF NEBRASKA; NEBRASKA
DEPARTMENT OF CORRECTIONAL
SERVICES; RANDY KOHL, M.D.;
NATALIE BAKER, M.D; MOHAMMAD
KAMAL, M.D.; CAMERON WHITE, Ph.D.;
MARK WEILAGE, Ph.D.; ROBERT
HOUSTON; FRED BRITTEN; DENNIS
BAKEWELL; KARI PEREZ, Ph.D; and
CORRECT CARE SOLUTIONS, LLC,

MEMORANDUM AND ORDER

Defendants.

This matter is before the court on the plaintiff’s motion for leave to file a Second
Amended Complaint, Filing No. 105. The proposed amended complaint is attached to
the motion. Filing No. 105-1. The defendants have objected to the motion. Filing Nos.
108 (denominated as a brief), 109, and 110. The court has reviewed the defendants’
objections and finds they lack merit. Under the federal rules, “the court should freely
give leave when justice so requires.” Fed. R. Civ. P. 15(b)(2). The proposed second
amended complaint addresses some of the issues raised in the defendant’s motions to
dismiss, Filing Nos. 82, 84, and 95. Those motions will be rendered moot by the filing of
the Second Amended Complaint. The plaintiff is cautioned that no further amendment
will be allowed. Accordingly,
IT IS ORDERED:
1.

The plaintiff’s motion for leave to file a Second Amended Complaint (Filing

No. 105) is granted.

2.

The defendants' objections thereto (Filing Nos. 108, 109, and 110) are

overruled.
3.

The proposed Second Amended Complaint (Filing No. 105-1) is deemed

filed this date.
4.

The defendants shall respond to the Second Amended Complaint within

14 days of the date of this order.
5.

The defendants’ pending motions to dismiss (Filing Nos. 82, 84, and 95)

are denied as moot, without prejudice to reassertion.
DATED this 16th day of July, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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