Opinion
CIVIL ACTION NO. 12-12037
12-20-2012
GARY LENTZ, #655484, Plaintiff, v. ROBERT LOXTON, et al., Defendants.
HONORABLE DAVID M. LAWSON
MAGISTRATE JUDGE MARK A. RANDON
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF'S MOTION TO SERVE A SUPPLEMENTAL COMPLAINT (DKT. NO. 39)
On September 14, 2012, Defendants filed a Motion for Summary Judgment (Dkt. No. 34). Five days later, on September 19, 2012, Plaintiff filed a Supplemental Complaint that adds eight Defendants (Dkt. No. 38). Plaintiff's Motion to Serve a Supplemental Complaint is pending (Dkt. No. 39).
In the interests of judicial economy, Plaintiff's motion is DENIED WITHOUT PREJUDICE pending resolution of Defendants' Motion for Summary Judgment. If Plaintiff's Amended Complaint (Dkt. No. 11) survives summary judgment, he may then file a motion for leave to file a second amended complaint. Defendants will then have an opportunity to respond, and the Court will rule on the propriety of Plaintiff's motion.
IT IS ORDERED.
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MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date, December 20, 2012, by electronic and/or first class U.S. mail.
Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon
(313) 234-5542