Crabb et al v. Federal Highway Administration et al

Filing 108

ORDER entered DENYING 101 MOTION to Correct. The defendant's deadline to file motions to dismiss remains set for May 19, 2014. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
WILLIAM A. WARE, et al.,
Plaintiffs,
VS.
FEDERAL HIGHWAY
ADMINISTRATION, et al.
Defendants.

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CIVIL ACTION NO. H-11-848

ORDER
On April 7, 2014, the court held a status conference and ordered the plaintiffs to file their
Fourth Amended Complaint by April 21, 2014. At that conference, the court also ordered the
defendants to notify the court whether the new complaint would require rebriefing on the pending
motions to dismiss and set a May 19, 2014 deadline for refiling the motions should the defendants
opt to withdraw the pending motions.
On motion, and with permission of the court, the plaintiffs filed their Fourth Amended
Complaint a day late–on April 22, 2014. On April 28, 2014, despite the court’s repeated attempts
to give the plaintiffs ample time to amend the complaint and present clear allegations to the court
and the parties, the plaintiffs moved to file a “Corrected Fourth Amended Complaint,” effectively
their sixth complaint. (Docket Entry Nos. 101, 102). On May 5, 2014, the defendants filed their
notice of intent to file new motions to dismiss and requested clarification on the briefing schedule
that the court set on April 7, 2014 in light of the plaintiffs’ attempt to file another complaint.
This case must move forward. The plaintiffs’ motion to file another complaint, (Docket
Entry No. 101), is denied and the defendants’ deadline to file motions to dismiss the Fourth

Amended Complaint (Docket Entry No. 98) remains set for May 19, 2014.
SIGNED on May 15, 2014, at Houston, Texas.
______________________________________
Lee H. Rosenthal
United States District Judge