Opinion
3:12-cv-00091-RCJ-WGC
04-11-2013
CHRISTOPHER O'NEILL, Plaintiff, v. ROBERT BANNISTER, et al., Defendants.
COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTES OF THE COURT
PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE DEPUTY CLERK: KATIE LYNN OGDEN REPORTER: NONE APPEARING COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff's Motion to for Leave to File First Amended Complaint (Doc. #31), wherein Plaintiff seeks to amend his complaint "in order to properly name two defendants, now identified as Shilo Reeves and Sharon Koster" (id at 2.) The Defendants have filed a Non-Opposition to Plaintiff's Motion for Leave to File Amended Complaint (Doc. # 33), noting that except for the substitution of the correct names of the parties, "[a]ll other allegations remain the same." (Id. at 1.) Defendants state that "[a] review of the original Complaint makes it clearly evident that Plaintiff meant to name these individuals, but had yet to ascertain their respective identities" (id. at 1-2). Defendants further acknowledge that "[t]o allow the amended Complaint would allow the parties to more fully litigate Plaintiff's claims." (Id. at 2.)
Good cause appearing, Plaintiff's Motion to for Leave to File First Amended Complaint (Doc. # 31) is GRANTED. The Clerk shall detach Plaintiff's Amended Complaint (Doc. #31-1) from the motion and file the same next in order. The claims set forth in the Amended Complaint shall proceed as noted in the Screening Order (Doc. # 7). Defendants Reeves and Koster shall have twenty (20) days to respond to the Amended Complaint.
In view of this order allowing the filing of Plaintiff's Amended Complaint, an enlargement of the discovery deadline appears to be appropriate. Therefore, the deadline to complete discovery shall be extended to and including June 28, 2013. Motions for summary judgment are due on or before July 29, 2013. All other deadlines established in the scheduling order (Doc. # 17) will remain intact.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: ______________________
Deputy Clerk