UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 2, 2012
STEPHEN MOORTGAT, ALMA MOORTGAT, PLAINTIFFS,
COUNTY OF SAN JOAQUIN, ET AL.,
The opinion of the court was delivered by: John A. Mendez United States District Judge
ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO MODIFY SCHEDULING ORDER
Date: January 25, 2012
Time: 1:30 p.m. Place: Courtroom 6
ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
ted with pdfFactory trial version www.pdffactory.com 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 3 hearing on January 25, 2012, at 1:30 p.m., in Courtroom 6, the Honorable John A.
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 7 6 Defendants") appeared through their counsel, Dana A. Suntag of The Suntag Law Firm. 8 Defendants City of Stockton, Ronald Zalunardo, and Michael Dixon appeared through 9 their counsel, Neal C. Lutterman of the Stockton City Attorney's Office. 10 The Court, having reviewed Plaintiffs' moving papers and the County 11 Defendants' Opposition, and having heard the arguments of counsel for Plaintiff and 12 the County Defendants at the hearing, rules as follows: 13
Plaintiffs' motion is DENIED. Plaintiffs failed to show good cause for the 14 requested relief, as Rule 16(b)(4) of the Federal Rules of Civil Procedure requires. 15
Plaintiffs unduly delayed in filling the motion, and, as a result, it would create extreme 16 prejudice to allow Plaintiffs to add Mike Perez as a defendant and modify the 17 scheduling order at this stage of the case.
Approved as to form: 21 February 2, 2012 22 LAW OFFICES OF ROBERT R. POWELL By ___/s/ Brett Terry BRETT TERRY Attorneys for Plaintiffs
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