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Garcia v. United States

United States District Court, S.D. California

July 22, 2015

JESUS GARCIA, Plaintiff,
v.
UNITED STATES OF AMERICA; NATIONAL STEEL AND SHIPBUILDING COMPANY; and OILKLEEN, INC., Defendants.

ORDER

WILLIAM Q. HAYES, District Judge.

The matter before the Court is the Motion to Amend Case Management Conference Order and Motion for Leave to File Fourth Amended Complaint for Damages and Demand for Jury Trial (ECF No. 73) filed by Plaintiff Jesus Garcia.

BACKGROUND

On May 12, 2014, Plaintiff Jesus Garcia initiated this action by filing a Complaint against Defendants United States of America, National Steel and Shipbuilding Company ("National Steel"), and Oilkleen, Inc. ("Oilkleen"). (ECF No. 1). On May 15, 2014, Plaintiff filed a First Amended Complaint as a matter of course against the same Defendants. (ECF No. 4). On May 27, 2014, Plaintiff filed a Second Amended Complaint (ECF No. 7) against the same Defendants after obtaining leave of Court (ECF No. 6).

On June 12, 2014, National Steel filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 8). On July 28, 2014, the Court issued an Order denying National Steel's motion to dismiss. (ECF No. 20).

On October 31, 2014, the Magistrate Judge issued a Case Management Conference Order Regulating Discovery and other Pretrial Proceedings. (ECF No. 39). The Case Management Conference Order stated that "[a]ny motion to join other parties, to amend the pleadings, or to file additional pleadings shall be filed on or before December 15, 2014." Id. at 1.

On February 23, 2015, Plaintiff filed a Motion for Leave to File Third Amended Complaint. (ECF No. 50). On March 26, 2015, the Court issued an Order denying Plaintiff's motion. (ECF No. 54). The Court's Order stated that "[i]n this case, Plaintiff fails to show good cause' to modify the scheduling order. Fed.R.Civ.P. 16(b)(4). [Plaintiff's motion] failed to provide any reasoning for amending the scheduling order or amending the Second Amended Complaint." Id. at 3.

On March 31, 2015, Plaintiff filed a second Motion to Amend Case Management Conference Order and Motion for Leave to File Third Amended Complaint. (ECF No. 55). On May 12, 2015, the Court issued an Order granting Plaintiff's motion. (ECF No. 65). The Court's Order stated that:

IT IS HEREBY ORDERED that Plaintiff's Motion to Amend Case Management Conference Order and Motion for Leave to File Third Amended Complaint (ECF No. 55) is GRANTED. The Case Management Conference Order (ECF No. 39) is AMENDED to extend the deadline to file "[a]ny motion to join other parties, to amend the pleadings, or to file additional pleadings" from December 15, 2014 to May 15, 2015. Plaintiff shall file the proposed Third Amended Complaint no later than May 15, 2015.

Id. at 6.

On June 10, 2015, Plaintiff filed the Motion to Amend Case Management Conference Order and Motion for Leave to File Fourth Amended Complaint for Damages and Demand for Jury Trial (ECF No. 73). Plaintiff's motion contains proofs of service indicating that all Defendants were served with the motion for leave to amend. (ECF No. 73-4). On June, 29, 2015, Defendant United States filed a non-opposition. (ECF No. 75). Defendants Oilkeen, National Steel, and American Systems Corporation have not filed oppositions to the motion.

RULING OF THE COURT

I. Motion to Amend Case Management Conference Order

Plaintiff seeks to amend the Case Management Conference Order to extend the deadline to amend the pleadings to July 31, 2015. Plaintiff contends that good cause exists for the Court to amend the scheduling order. Plaintiff seeks to amend the pleadings in order to add an agency claim with regard to Defendant American System Corporation and Janet Mahn. Plaintiff contends that agency with regard to Janet Mahn did not appear to be an issue until Defendant ...


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