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PEOPLE'S LEGISLATURE v. MILLER, 2:12-CV-272 JCM (VCF). (2012)

Court: District Court, D. Nevada Number: infdco20120518836 Visitors: 7
Filed: May 17, 2012
Latest Update: May 17, 2012
Summary: ORDER JAMES C. MAHAN, District Judge. Presently before the court is plaintiffs' motion for to file a second amended complaint. #37). Defendants' have filed an opposition (doc. #38), to which plaintiffs have replied (doc. Defendants do not oppose the substance of plaitniffs' proposed amendments. defendants contend that plaintiff John Doe should not be permitted to sue anonymously and complaint contain additional factual information regarding plaintiff Citizen's Outreach. have represented that
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ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is plaintiffs' motion for to file a second amended complaint. #37). Defendants' have filed an opposition (doc. #38), to which plaintiffs have replied (doc.

Defendants do not oppose the substance of plaitniffs' proposed amendments. defendants contend that plaintiff John Doe should not be permitted to sue anonymously and complaint contain additional factual information regarding plaintiff Citizen's Outreach. have represented that John Doe would rather maintain his anonymity than proceed with this have supplied additional information regarding Citizen's Outreach. Doc. #39.

Fed. R. Civ. P. 15(a) provides that leave of court to amend a complaint "shall be freely when justice so requires." Rule 15's "policy of favoring amendments to pleadings should be with extreme liberality." Eldridge v. Block, 832 F.2d 1132, 1135 (9th Cir. 1987).

In light of the extreme liberality courts exercise in granting leave to amend complaints, defendants' mooted opposition to the proposed amendments,

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs' motion leave to amend the complaint (doc. #37) be, and the same hereby is, GRANTED.

IT IS FURTHER ORDERED that plaintiffs file a second amended complaint identical attached as an exhibit to the motion to amend, with the exception that John Doe not be named plaintiff and the identity of Citizen's Outreach be included, within seven days of the entry order.

IT IS FURTHER ORDERED that of the court's granting plaintiffs leave to defendants' motion to dismiss the complaint (doc. #12) be, and the same hereby is, DENIED moot.

Source:  Leagle

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