Osborn et al v. Brown et al

Filing 132

ORDER AND MEMORANDUM DECISION granting 119 Motion for Joinder, denying as moot 118 Motion for Leave to File. Claims against the Lee Defendants are dismissed without prejudice. Plaintiffs will now have until 5/29/13 to file a motion to amend. Signed by Judge Tena Campbell on 5/8/13 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
JARED OSBORN and VANESSA
OSBORN,
Plaintiffs,

ORDER AND
MEMORANDUM DECISION

vs.

Case No. 2:12-cv-775

CHARLES CRAIG BROWN; et al.,
Defendants.

Judge Tena Campbell

On January 3, 2013, Defendant John McCall moved for judgment on the pleadings. The
court granted that motion, dismissing without prejudice all claims against Mr. McCall.
Defendants Wilford T. Lee, WT Lee & Associates, and Kasey Rasmussen (Lee Defendants) now
move to join in Mr. McCall’s motion and ask the court for the same relief (Docket No. 119).
The court HEREBY GRANTS the Lee Defendants’ Motion for Joinder (Docket No. 119).
And, for substantially the same reasons set forth in the court’s Order dated April 8, 2013 (Docket
No. 85), the claims against the Lee Defendants are HEREBY DISMISSED WITHOUT
PREJUDICE. Also, the Lee Defendants’ Motion for Leave to File a Motion to Stay Discovery
(Docket No. 118) is DENIED AS MOOT.
The court HEREBY modifies its Order dated April 25, 2013 (Docket No. 109), and
extends the time Plaintiffs have to file a motion to amend by two additional weeks. If the
Plaintiffs fail to file a motion to amend and an accompanying proposed amended complaint by
May 29, 2013, then the claims against Defendants John McCall, Chad Gettel, Utah Litigation
Counselors, Wilford T. Lee, WT Lee & Associates, and Kasey Rasmussen will be dismissed with
prejudice.

SO ORDERED this 8th day of May, 2013.
BY THE COURT:

TENA CAMPBELL
U.S. District Court Judge

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