Santos v. Allen et al

Filing 40

ORDER Denying 37 Defendants' Motion to Strike 36 Second Amended Complaint. IT IS FURTHER ORDERED that 36 Plaintiff's Second Amended Complaint be re-titled as his Third Amended Complaint. Signed by Judge Kent J. Dawson on 04/22/2014. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD SANTOS,

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Plaintiff,

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v.

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Case No. 2:11-CV-1251-KJD-NJK

AWD ISIDRO BACA, et al.,

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ORDER

Defendants.

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Before the Court is Isidro Baca et. al.’s (“Defendants”) Motion to Strike Plaintiff Ronald

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Santos’ Second Amended Complaint (#36). Plaintiff responded (#38) and Defendants replied (#39).

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Previously, the Court granted Plaintiff’s Motion to Amend (#30), but specifically delimited

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the items which were to be amended (#35). Plaintiff then filed his Second Amended Complaint

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(#36), which names additional parties to his surviving claims, alleges peripheral supporting facts and

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contains marginal additional claims. These alterations were not authorized by the Court’s prior

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Order.

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However, Rule 15(a)(2) counsels the Court to give parties leave to amend “freely” so long as

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“justice requires.” Fed. R. Civ. Pro. Accordingly, to facilitate the resolution of this matter, the Court

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construes Plaintiff’s Second Amended Complaint as incorporating a Motion to File a Third Amended

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Complaint. The Court has screened what is now Plaintiff’s Third Amended Complaint (#36) under

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the standards used in this Court’s prior orders (##7, 15), and accepts this Complaint.

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However, the Court notes that justice requires not only flexibility in amending complaints,

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but also the timely resolution of pending legal matters. This Court has thus far indulged Plaintiff in

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amending his complaint, which was originally filed more than two years ago. The parties are strongly

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encouraged to move this matter towards resolution without delay.

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Accordingly, Defendants’ Motion to Strike Plaintiff Ronald Santos’ Second Amended

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Complaint (#36) is HEREBY DENIED. It is FURTHER ORDERED that Plaintiff’s Second

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Amended Complaint (#36) be re-titled as his Third Amended Complaint.

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DATED this 22nd day of April 2014.

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_____________________________
Kent J. Dawson
United States District Judge

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