Opinion
CIVIL 22-00003
08-05-2022
R.C., Plaintiff, v. DENNIS MARK ZERMENO, an individual; DOES ENTITIES 1-5; and DOES-INDIVIDUALS 6-50, inclusive, Defendants.
ORDER
Frances M. Tydingco-Gatewood Chief Judge
On July 28, 2022, the court construed Plaintiff's Motion for Leave to File a Second Amended Complaint, ECF No. 33, as a Response to Defendant Zermeno's Motion to Dismiss, ECF No. 31. The court ordered Defendant Zermeno to file a Reply no later than August 4, 2022. ECF No. 38. As of the date of this Order, August 5, 2022, the court has not received any Reply from Defendant Zermeno. In light of this and after having reviewed Plaintiff's Response, the court DENIES Defendant Zermeno's Motion to Dismiss, ECF No. 31.
For context, please see Court Order dated July 28, 2022, ECF No. 38.
However, Plaintiff's Response or his Second Amended Complaint is erroneous. It continues to include the Government of Guam ("GovGuam") as a defendant, despite GovGuam having already been dismissed from this action. See ECF No. 27. In the interest of judicial economy, the court GRANTS IN PART Plaintiff's Motion for Leave to File a Second Amended 1 Complaint, ECF No. 33. Plaintiff is hereby ordered to refile a second amended complaint without GovGuam as a defendant. The second amended complaint shall be due no later than August 12, 2022. Failure to timely refile a corrected one may result in dismissal of the case with prejudice.
Pursuant to CVLR 26(f), the parties are ordered to confer and file a Scheduling and Planning Conference Report no later than September 16, 2022, and meet with the Magistrate Judge for a scheduling conference on September 29, 2022, at 9:30 a.m.
SO ORDERED. 2