Opinion
No. 1:05-cv-01187-OWW-NEW (TAG), (Related to Case No: 1:05-cv-01024-OWW-SMS (closed)).
October 5, 2007
ORDER GRANTING DEFENDANT DARRIN SIMMONS' MOTION FOR JUDGMENT ON THE PLEADINGS
On September 17, 2007, Defendant DARRIN SIMMONS' Motion for Judgment on the Pleadings came duly before the Court, the Honorable Oliver W. Wanger, United States District Judge Presiding. Appearing in support of the motion was Defendant's attorney, Leonard C. Herr, Esq. Appearing in opposition to the motion on behalf of Plaintiff was David M. Gilmore, Esq.
After considering the pleadings in the case and the argument of counsel, for the reasons stated on the record and contained in the Court's written order filed September 25, 2007 (Doc. 72):
IT IS HEREBY ORDERED that Defendant's Motion for Judgment on the Pleadings is GRANTED.
IT IS FURTHER ORDERED that the request of Plaintiff's counsel, and upon good cause being shown, Plaintiff is granted leave to file a Third Amended Complaint, within 20 days following the date of service of the Court's Memorandum Decision and Order (Doc. 72).