Novack v. City of Webster Tx et al

Filing 24

ORDER entered GRANTING 21 MOTION to Supplement Plaintiff's Complaint, GRANTING 23 Renewed MOTION to Reinstate The Civil Action To The Docket. Pltf must file an amended complaint by 10/7/2011, Motion to Dismiss Filing due by 10/21/2011, Case reopened on 9/26/11.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
TOM NOVACK,
Plaintiff,
VS.
CITY OF WEBSTER, TEXAS, et al.,
Defendants.

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CIVIL ACTION NO. H-10-2594

ORDER
The plaintiff has filed a motion and a renewed motion to reinstate this case to the active
docket. The case was stayed and administratively closed, with the parties’ agreement, pending the
resolution of criminal charges against the plaintiff. Those charges have been dismissed and the
plaintiff seeks reinstatement. (Docket Entry No. 23). That motion is unopposed and is granted.
Before this case was dismissed, the plaintiff filed an amended complaint and the defendants
filed an amended motion to dismiss that complaint. (Docket Entry No. 12). The case was stayed
shortly thereafter. The plaintiff has filed a motion for leave to supplement the complaint. (Docket
Entry No. 21). The defendants oppose the motion. (Docket Entry No. 22).
To allow for orderly and efficient consideration of the challenges to the pleadings, this court
grants the motion to reinstate and for leave to file a supplemented complaint. (Docket Entry No.
21). The plaintiff must file a second amended complaint no later than October 7, 2011. This order
makes the defendants’ renewed motion to dismiss moot. Although the defendants contend that the
proposed supplements to the complaint should not be permitted under Rule 15 because they would
be futile, the standard to determine futility is the same standard that applies to a motion to dismiss

under Rule 12(b)(6). It is most efficient to have the amended pleading filed and all the challenges
to that pleading presented in a single motion to dismiss. The defendants must file a Rule 12(b)(6)
motion to dismiss the second amended complaint no later than October 21, 2011.
SIGNED on September 26, 2011, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge

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