People's Legislature et al v. Ross Miller

Filing 40

ORDER Granting 37 Plaintiffs' Motion to Amend Complaint. IT IS FURTHER ORDERED that Plaintiffs file a second amended complaint as directed in order. IT IS FURTHER ORDERED that 12 Defendants' Motion to Dismiss Complaint is DENIED as MOOT. Signed by Judge James C. Mahan on 5/17/12. (Copies have been distributed pursuant to the NEF - EDS)

1
2
3
4
UNITED STATES DISTRICT COURT
5
DISTRICT OF NEVADA
6
7
8

THE PEOPLE’S LEGISLATURE, et al.,

9

2:12-CV-272 JCM (VCF)

Plaintiffs,

10
11

v.
ROSS MILLER,

12
Defendant.

13
14

ORDER

15

Presently before the court is plaintiffs’ motion for to file a second amended complaint. (Doc.

16

#37). Defendants’ have filed an opposition (doc. #38), to which plaintiffs have replied (doc. #39).

17

Defendants do not oppose the substance of plaitniffs’ proposed amendments. Instead,

18

defendants contend that plaintiff John Doe should not be permitted to sue anonymously and that the

19

complaint contain additional factual information regarding plaintiff Citizen’s Outreach. Plaintiffs

20

have represented that John Doe would rather maintain his anonymity than proceed with this suit and

21

have supplied additional information regarding Citizen’s Outreach. Doc. #39.

22

Fed. R. Civ. P. 15(a) provides that leave of court to amend a complaint “shall be freely given

23

when justice so requires.” Rule 15’ s “policy of favoring amendments to pleadings should be applied

24

with extreme liberality.” Eldridge v. Block, 832 F.2d 1132, 1135 (9th Cir. 1987).

25

In light of the extreme liberality courts exercise in granting leave to amend complaints, and

26

defendants’ mooted opposition to the proposed amendments,

27

...

28
James C. Mahan
U.S. District Judge

1
2

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs’ motion seeking
leave to amend the complaint (doc. #37) be, and the same hereby is, GRANTED.

3

IT IS FURTHER ORDERED that plaintiffs file a second amended complaint identical to that

4

attached as an exhibit to the motion to amend, with the exception that John Doe not be named as a

5

plaintiff and the identity of Citizen’s Outreach be included, within seven days of the entry of this

6

order.

7

IT IS FURTHER ORDERED that of the court’s granting plaintiffs leave to amend,

8

defendants’ motion to dismiss the complaint (doc. #12) be, and the same hereby is, DENIED as

9

moot.

10

DATED May 17, 2012.

11
12
UNITED STATES DISTRICT JUDGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-