Santal v. Pesce et al

Filing 26

ORDER that 20 Motion for Leave to Amend Complaint is DENIED without prejudice. Any new motion for leave to amend must be filed by January 17, 2017. The Court further INSTRUCTS the Clerk's Office to STRIKE the amended complaint that was improvidently docketed at Docket No. 21 . Signed by Magistrate Judge Nancy J. Koppe on 12/27/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PRISCELLA SAINTAL,
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Plaintiff(s),
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vs.
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MARIA PESCE, et al.,
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Defendant(s).
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Case No. 2:15-cv-02460-GMN-NJK
ORDER
(Docket No. 20)

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Pending before the Court is Plaintiff’s motion to amend the complaint. Docket No. 20.

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Defendants have filed a response in partial opposition. Docket No. 23. No reply was filed. The Court

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finds the motion properly resolved without a hearing. See Local Rule 78-2. Plaintiff’s motion is limited

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to seeking to add claims against Defendants Piccinini and Riches for continuing acts of retaliation, as

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well as a due process claim against Defendant Riches. See Docket No. 20 at 1. As Defendants’ response

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points out, however, the proposed amended complaint also appears to add other claims and defendants.

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See, e.g., Docket No. 21 at 7 (alleging that the Nevada Department of Corrections did not properly train

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staff). Defendants therefore seek an order that the proposed amended complaint should be allowed to

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proceed but only if it “is interpreted in conjunction with her Motion for Leave.” Docket No. 23 at 5.

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The Court declines to take the approach advanced by Defendants as it would likely lead to confusion

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as to the claims at issue.

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Instead, the Court will DENY without prejudice the motion for leave to amend. Plaintiff is

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permitted to file a new motion for leave to amend but must ensure that the motion identifies and

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addresses each proposed new claim and each proposed new party.1 Any new motion for leave to amend

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must be filed by January 17, 2017. If no motion for leave to amend is filed by that date, the Court will

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proceed on the claims that have survived the screening process and Defendants will be required to

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respond to the original complaint by January 31, 2017. If a motion for leave to amend is filed, the

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deadline to file an answer will be stayed until 14 days after the motion for leave to amend is decided.

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The Court further INSTRUCTS the Clerk’s Office to STRIKE the amended complaint that was

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improvidently docketed at Docket No. 21.

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IT IS SO ORDERED.

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DATED: December 27, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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The Court also notes that the amendments purport to add allegations regarding events occurring
after this case was filed. See Docket No. 20 at 1. As such, it is not clear to the Court why the claims are
being added as an amendment to the claims already screened in this case rather than being brought through
the filing of a new case with a separate complaint.
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