Opinion
Case No. 2:10-cv-105-FtM-36SPC
08-28-2011
ESTATE OF ARTHUR LEE COLEMAN, JR., Plaintiffs, v. MICHAEL SCOTT, Sheriff of Lee County; TIMOTHY GALLOWAY, individually and as a deputy; ROBERT KREBS, individually and as law enforcement officer; TIMOTHY McCORMACK, individually and as law enforcement officer; LEE COUNTY SHERIFF'S OFFICE; CITY OF FORT MYERS; SCOTT LEY, individually and as a U.S. Marshal; U.S. MARSHAL'S OFFICE, a Federal Agency; U.S. MARSHAL'S FUGITIVE TASK FORCE; UNKNOWN LAW ENFORCEMENT OFFICERS; Defendants.
ORDER TO SHOW CAUSE
This matter comes before the Court on the Plaintiff Rochelle Catz, as Personal Representative of the Estate of Arthur Lee Coleman's Motion to Amend and Add Parties (Doc. #117) filed on August 9, 2011. On July 21, 2011, the District Court dismissed this case without prejudice (Doc. # 113), and allowed the Plaintiff twenty-one (21) days to file an amended complaint. On August 9, 2011, the Plaintiff filed the instant Motion to Amend and Add Parties (Doc. # 117). The Plaintiff seeks to add a Lee County Sheriff's Deputy, Leslie Green, and Deputy U.S. Marshal, Paul Smith as defendants to this case. In the meantime, on August 11, 2011, the Plaintiff filed her Amended Complaint (Doc. # 119) in compliance with the District Court's Order. However, the Plaintiff did not include Dep. Green nor Dep. Marshal Smith in her Amended Complaint even though the instant Motion was filed before the Plaintiff filed her Third Amended Complaint.
The Defendants object to the Motion arguing that the deadline to amend and add parties expired on January 10, 2011. The Defendants further state that the information pertaining to Dep. Green and Dep. Marshal Smith was available to the Plaintiff prior to the expiration of the deadline to add parties back in January. In addition to the Plaintiff waiting so long after the deadline to amend and add parties had expired, the Court is concerned that the Plaintiff did not add Dep. Green and Dep. Marshal Smith to her Third Amended Complaint when the District Court gave her leave to Amend and she knew of the allegations she was going to make against the putative defendants. Therefore, before ruling on the instant Motion to add parties, the Court will require the Plaintiff to show cause why the officers were not added to the Third Amended Complaint.
Accordingly, it is now
ORDERED:
The Plaintiff Rochelle Catz's shall SHOW CAUSE in writing why she did not add Dep, Leslie Greene and Dep. U.S. Marshal Paul Smith to her Third Amended Complaint (Doc. # 119). The Plaintiff has up to and including Thursday, September 1, 2011, to file her response in writing to this order to show cause.
DONE AND ORDERED at Fort Myers, Florida, this 28th day of August, 2011.
SHERI POLSTER CHAPPELL
UNITED STATES MAGISTRATE JUDGE
Copies: All Parties of Record