Filed: Feb. 02, 2012
Latest Update: Feb. 02, 2012
Summary: ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO MODIFY SCHEDULING ORDER JOHN A. MENDEZ, District Judge. Plaintiffs' motion for leave to file a second amended complaint to add Mike Perez a defendant and to modify the scheduling order came on regularly for hearing on January 25, 2012, at 1:30 p.m., in Courtroom 6, the Honorable John A. Mendez presiding. Plaintiffs appeared through their counsel, Brett Terry of the Law Offices of Robert R. Powell. Defendants Co
Summary: ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO MODIFY SCHEDULING ORDER JOHN A. MENDEZ, District Judge. Plaintiffs' motion for leave to file a second amended complaint to add Mike Perez a defendant and to modify the scheduling order came on regularly for hearing on January 25, 2012, at 1:30 p.m., in Courtroom 6, the Honorable John A. Mendez presiding. Plaintiffs appeared through their counsel, Brett Terry of the Law Offices of Robert R. Powell. Defendants Cou..
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ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO MODIFY SCHEDULING ORDER
JOHN A. MENDEZ, District Judge.
Plaintiffs' motion for leave to file a second amended complaint to add Mike Perez a defendant and to modify the scheduling order came on regularly for hearing on January 25, 2012, at 1:30 p.m., in Courtroom 6, the Honorable John A. Mendez presiding.
Plaintiffs appeared through their counsel, Brett Terry of the Law Offices of Robert R. Powell. Defendants County of San Joaquin and Ralph Guerrero (the "County Defendants") appeared through their counsel, Dana A. Suntag of The Suntag Law Firm. Defendants City of Stockton, Ronald Zalunardo, and Michael Dixon appeared through their counsel, Neal C. Lutterman of the Stockton City Attorney's Office.
The Court, having reviewed Plaintiffs' moving papers and the County Defendants' Opposition, and having heard the arguments of counsel for Plaintiff and the County Defendants at the hearing, rules as follows:
Plaintiffs' motion is DENIED. Plaintiffs failed to show good cause for the requested relief, as Rule 16(b)(4) of the Federal Rules of Civil Procedure requires. Plaintiffs unduly delayed in filling the motion, and, as a result, it would create extreme prejudice to allow Plaintiffs to add Mike Perez as a defendant and modify the scheduling order at this stage of the case.
