Opinion
Civil Action No. 10-cv-03115-RPM
03-15-2012
SCOTT CZARNIAK and ADRIENNE CZARNIAK, Plaintiffs, v. 20/20 INSTITUTE, LLC and MATTHEW K. CHANG, M.D., Defendants.
Senior District Judge Richard P. Matsch
ORDER ON PLAINTIFFS' MOTION FOR LEAVE TO FILE SECOND AMENDED
COMPLAINT
On February 1, 2012, the plaintiffs filed a motion for leave to file a second amended complaint to add exemplary damages as additional relief requested. The defendants filed their opposition and the plaintiffs filed a reply. It is not necessary to file a second amended complaint to claim exemplary damages because it is this Court's practice to submit exemplary damages to the jury if the evidence received at trial supports the potential for such relief by the jury. Accordingly, it is
ORDERED that the motion to file a second amended complaint [60] is denied.
BY THE COURT:
_______________________
Richard P. Matsch, Senior District Judge