Margaret Rudin v. Nevada Dept. of Corrections, et al.

Filing 16

ORDERED that the motion to submit a second amended complaint (ECF No. 14 ) is GRANTED. If Plaintiff chooses to file a second amended complaint, it shall be filed by Friday, November 18, 2016. If Plaintiff chooses not to file a second amended comp laint and would like to proceed to mediation on her first amended complaint, Plaintiff shall file a notice with the Court on or before Friday, November 18, 2016. Clerk shall send Plaintiff the approved 1983 form, instructions, and a copy of her fi rst amended complaint (ECF No. 6). (Mailed to P 10/24/2016.) If Plaintiff chooses to file a second amended complaint, she must use the approved form and she shall write the words "Second Amended" above the words "Civil Rights Complai nt" in the caption. If Plaintiff does not either file a second amended complaint or a notice with the Court indicating her desire to proceed to mediation on her first amended complaint on or before Friday, November 18, 2016, the Court will sche dule an early Inmate mediation conference on the first amended complaint and deny any leave to file an amended complaint until after mediation. Signed by Magistrate Judge Nancy J. Koppe on 10/24/2016. (Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

12

)
)
Plaintiff,
)
)
v.
)
)
TANYA HILL et al.,
)
)
Defendants.
)
)
___________________________________ )

13

I.

7
8
9
10
11

MARGARET RUDIN,

2:15-cv-02503-MMD-NJK
ORDER

DISCUSSION

14

On September 12, 2016, this Court entered a screening order that permitted portions

15

of Plaintiff’s First, Eighth, and Fourteenth Amendment claims to proceed and dismissed several

16

defendants with prejudice. (ECF No. 7 at 8-9). The screening order stayed the case and

17

ordered the case to mediation. (Id. at 9).

18

On October 19, 2016, Plaintiff filed a motion to submit a second amended complaint.

19

(ECF No. 14). The Court grants Plaintiff’s motion to file a second amended complaint. (ECF

20

No. 14). If Plaintiff chooses to file a second amended complaint she is advised that a second

21

amended complaint supersedes (replaces) the original and first amended complaints and, thus,

22

the second amended complaint must be complete in itself. See Hal Roach Studios, Inc. v.

23

Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a

24

party was named in the original complaint is irrelevant; an amended pleading supersedes the

25

original”); see also Lacey v. Maricopa Cnty., 693 F.3d 896, 928 (9th Cir. 2012) (holding that

26

for claims dismissed with prejudice, a plaintiff is not required to reallege such claims in a

27

subsequent amended complaint to preserve them for appeal). Plaintiff’s second amended

28

complaint must contain all claims, defendants, and factual allegations that Plaintiff wishes to

1

pursue in this lawsuit. Moreover, Plaintiff must file the second amended complaint on this

2

Court’s approved prisoner civil rights form and it must be entitled “Second Amended

3

Complaint.”

4

The Court notes that if Plaintiff chooses to file a second amended complaint, the Court

5

will not schedule an early mediation conference as directed by the September 12, 2016

6

screening order. Instead, the Court will screen Plaintiff’s second amended complaint and then

7

order the case to proceed to mediation if any of Plaintiff’s claims survive screening of the

8

second amended complaint. Plaintiff should be aware that the screening process will take

9

several months to complete. If Plaintiff would like her case to proceed now, she may file a

10

notice with the Court indicating her desire to proceed to mediation on her first amended

11

complaint.

12

II.

For the foregoing reasons, IT IS ORDERED that the motion to submit a second

13
14

amended complaint (ECF No. 14) is GRANTED.
IT IS FURTHER ORDERED that if Plaintiff chooses to file a second amended complaint,

15
16

CONCLUSION

Plaintiff shall file the second amended complaint on or before Friday, November 18, 2016.

17

IT IS FURTHER ORDERED that if Plaintiff chooses not to file a second amended

18

complaint and would like to proceed to mediation on her first amended complaint, Plaintiff shall

19

file a notice with the Court on or before Friday, November 18, 2016. If Plaintiff chooses to

20

proceed to mediation on her first amended complaint, the Court will schedule an early inmate

21

mediation conference as soon as possible.

22

IT IS FURTHER ORDERED that the Clerk of the Court shall send to Plaintiff the

23

approved form for filing a § 1983 complaint, instructions for the same, and a copy of her first

24

amended complaint (ECF No. 6). If Plaintiff chooses to file a second amended complaint, she

25

must use the approved form and she shall write the words “Second Amended” above the

26

words “Civil Rights Complaint” in the caption.

27

....

28

....
2

1

IT IS FURTHER ORDERED that, if Plaintiff does not either file a second amended

2

complaint or a notice with the Court indicating her desire to proceed to mediation on her first

3

amended complaint on or before Friday, November 18, 2016, the Court will schedule an early

4

inmate mediation conference on the first amended complaint and deny any leave to file an

5

amended complaint until after mediation.

6
7

DATED: This 24th day of October, 2016.

8
9
10

_________________________________
NANCY J. KOPPE
United States Magistrate Judge

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3