Harris, et al v. Velichkov, et al

Filing 101

ORDER - IT IS ORDERED: The Joint Motion to Amend Scheduling Order (filing 100 ) is denied. The undersigned will, however, give Plaintiffs leave to amend their complaint so as to name a proper party plaintiff for the wrongful death cause of action. Plaintiffs must submit a proposed amended complaint, along with a formal motion to amend, on or before December 1, 2011. No other amendments to the complaint will be permitted. Ordered by Magistrate Judge F.A. Gossett. (TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENA HARRIS, as Administrators of the )
Estate of Chaungene L. Ward, Deceased, )
and MONICA NOLAN,
)
)
Plaintiffs,
)
)
V.
)
)
OLEG VELICHKOV, NERMIN
)
DONESKI, MICKEY’S TRUCKING
)
EXPRESS, INC., MILCO DONESKI,
)
FEDEX NATIONAL LTL, INC., and
)
FRESH START, INC.,
)
)
Defendants.
)
)

8:09CV349

ORDER

On November 23, 2011, per the parties’ request, the undersigned held a telephone conference
with counsel of record. At that time, although no formal motion was pending, the parties advised
the court of their desire to amend the scheduling order so as to (1) allow Plaintiffs to file an amended
complaint to provide a proper party plaintiff for the wrongful death cause of action and to plead a
theory of independent negligence against FedEx National and (2) provide Defendants additional time
to conduct limited discovery with respect to the allegations contained in the proposed amended
complaint. Following the telephone conference, the parties submitted a formal motion requesting
this relief (filing 100).
As explained during the conference, the undersigned will not permit a further amendment
to the scheduling order. This case has been pending for more than two-years and the scheduling
order has already been amended four times. The undersigned believes that to allow Plaintiffs to file
an amended complaint so as to add the theory of independent negligence against FedEx National,
and then give Defendants additional time to conduct discovery with respect to this amendment,
would unduly delay this litigation.
Accordingly,
IT IS ORDERED:

1.

The Joint Motion to Amend Scheduling Order (filing 100) is denied.

2.

The undersigned will, however, give Plaintiffs leave to amend their complaint so as
to name a proper party plaintiff for the wrongful death cause of action. Plaintiffs must
submit a proposed amended complaint, along with a formal motion to amend, on or
before December 1, 2011. No other amendments to the complaint will be permitted.

DATED November 28, 2011.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

NOTICE
A party may object to a magistrate judge's order by filing a Statement of Objections to
Magistrate Judge’s Order within fourteen days after being served with the order. The objecting party
must comply with the requirements of NECivR 72.2.

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