McCullough v. Machado et al

Filing 28

ORDER DENYING Motion for Leave to File Supplemental Count (ECF No. 24 ). Plaintiff shall have until Wednesday, May 31, 2017 to either withdraw his previous motion to amend and file a revised motion, or to notify the court that he wishes to proceed with his original motion to amend (ECF No. 16 ). Signed by Magistrate Judge Valerie P. Cooke on 5/18/2017. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JOHN HOWARD McCULLOUGH, )
)
Plaintiff,
)
)
vs.
)
)
RICHARD MACHADO, et al.,
)
)
Defendants.
)
______________________________)
PRESENT:

3:16-CV-0225-MMD (VPC)
MINUTES OF THE COURT
May 18, 2017

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
All briefing on the motion for leave to file second amended civil rights complaint (ECF
No. 16) was stayed until the conclusion of the settlement conference (ECF No. 20). Plaintiff has
also filed a motion to file a supplemental count to the proposed second amended complaint (ECF
No. 24).
Plaintiff’s motion to file a supplemental count to the proposed second amended complaint
(ECF No. 24) is DENIED. Pursuant to Local Rule 15-1, a proposed amended pleading must be
complete in and of itself without reference to the superseding pleading. Therefore, if plaintiff
wishes to add a count to his motion for leave to file second amended complaint, he must
withdraw his current motion to amend (ECF No. 16) and refile it with the supplemental count
included. Plaintiff shall have until Wednesday, May 31, 2017 to either withdraw his previous
motion to amend and file a revised motion, or to notify the court that he wishes to proceed with
his original motion to amend (ECF No. 16). Thereafter, the motion or revised motion will be
briefed in the ordinary course.
IT IS SO ORDERED.
DEBRA K. KEMPI, CLERK
By:

/s/
Deputy Clerk