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<blockquote data-quote="Deset Gled" data-source="post: 9240097" data-attributes="member: 7808"><p>Update on Lanasa v [USER=15047]@tenkar[/USER]:</p><p></p><p>-----</p><p>ORDER. Defendants previously 47 requested a pre-motion conference regarding inaccurate information in Plaintiffs' 20 first amended complaint. The Court held a pre-motion conference on November 3, 2023, and advised the parties to consider resolving the dispute through Rule 11(c)(2) correspondence. Having apparently engaged in such correspondence, Plaintiffs filed a 55 letter, which the Court construes as a motion under Rule 15(a)(2) for leave to file a second amended complaint, indicating Plaintiffs' intention to remove Lois Stiene as a defendant and to remove representations that Plaintiff LaNasa has no criminal convictions. Defendants 57 oppose that request.Rule 15(a)(2) provides that "[t]he court should freely give leave [to amend] when justice so requires." The Court finds granting leave to amend appropriate under that standard, as it will allow the Court to adjudicate the legal sufficiency of Plaintiffs' claims on the merits with the benefit of removing inaccurate information from the Court's consideration. Accordingly, the Court grants Plaintiffs leave to file a second amended complaint by January 16, 2024. Leave is granted solely for the purposes of allowing Plaintiffs to remove the allegations discussed in their 55 November 26, 2023, letter and any other allegations (if any) that Plaintiffs may no longer believe they can make consistently with their obligations under Rule 11(b). Additionally, Plaintiffs shall attach as an exhibit to their second amended complaint a redline clearly indicating the differences between the first amended complaint and second amended complaint.Because Defendants' 32 motion to dismiss is directed at the first amended complaint, the Court denies Defendants' motion as moot. Because the Court's grant of leave to amend is so narrow and only allows Plaintiffs to remove allegations, the Court will set a compressed briefing schedule with the expectation that the parties will borrow heavily from their prior motion papers.Defendants shall serve, but not file, motion to dismiss papers on or before January 23, 2024. Plaintiffs shall serve, but not file, opposition papers on or before January 30, 2024. Defendants shall serve a reply, if any, on or before February 6, 2024, and on that date, the parties shall file via ECF, in a logical order, the fully briefed motion.The parties are reminded to review Chambers Practices regarding motion practice. The parties are further reminded to send two bound courtesy copies of all papers related to the motion to Chambers via FedEx or messenger.The Court denies the various affirmative requests Defendants make in their 57 letter opposing leave to amend. Ordered by Judge Kiyo A. Matsumoto on 1/9/2024. (MJF)</p><p>-----</p><p></p><p>Summary: </p><p>Lanasa has to revise his initial complaint to remove the blatant falsehoods by Jan 16th.</p><p>Tenkar has to send a new Motion to Dismiss based on Lanasa's revised complaint by Jan 23rd.</p><p>Lanasa has to respond to Tenkar's Motion to Dismiss by Feb 6th.</p><p></p><p>Of course, Lanasa's lawyer has a history of asking for extensions. And there's no guarantee the judge will agree to dismiss. But it's possible the end may be in sight for this case.</p></blockquote><p></p>
[QUOTE="Deset Gled, post: 9240097, member: 7808"] Update on Lanasa v [USER=15047]@tenkar[/USER]: ----- ORDER. Defendants previously 47 requested a pre-motion conference regarding inaccurate information in Plaintiffs' 20 first amended complaint. The Court held a pre-motion conference on November 3, 2023, and advised the parties to consider resolving the dispute through Rule 11(c)(2) correspondence. Having apparently engaged in such correspondence, Plaintiffs filed a 55 letter, which the Court construes as a motion under Rule 15(a)(2) for leave to file a second amended complaint, indicating Plaintiffs' intention to remove Lois Stiene as a defendant and to remove representations that Plaintiff LaNasa has no criminal convictions. Defendants 57 oppose that request.Rule 15(a)(2) provides that "[t]he court should freely give leave [to amend] when justice so requires." The Court finds granting leave to amend appropriate under that standard, as it will allow the Court to adjudicate the legal sufficiency of Plaintiffs' claims on the merits with the benefit of removing inaccurate information from the Court's consideration. Accordingly, the Court grants Plaintiffs leave to file a second amended complaint by January 16, 2024. Leave is granted solely for the purposes of allowing Plaintiffs to remove the allegations discussed in their 55 November 26, 2023, letter and any other allegations (if any) that Plaintiffs may no longer believe they can make consistently with their obligations under Rule 11(b). Additionally, Plaintiffs shall attach as an exhibit to their second amended complaint a redline clearly indicating the differences between the first amended complaint and second amended complaint.Because Defendants' 32 motion to dismiss is directed at the first amended complaint, the Court denies Defendants' motion as moot. Because the Court's grant of leave to amend is so narrow and only allows Plaintiffs to remove allegations, the Court will set a compressed briefing schedule with the expectation that the parties will borrow heavily from their prior motion papers.Defendants shall serve, but not file, motion to dismiss papers on or before January 23, 2024. Plaintiffs shall serve, but not file, opposition papers on or before January 30, 2024. Defendants shall serve a reply, if any, on or before February 6, 2024, and on that date, the parties shall file via ECF, in a logical order, the fully briefed motion.The parties are reminded to review Chambers Practices regarding motion practice. The parties are further reminded to send two bound courtesy copies of all papers related to the motion to Chambers via FedEx or messenger.The Court denies the various affirmative requests Defendants make in their 57 letter opposing leave to amend. Ordered by Judge Kiyo A. Matsumoto on 1/9/2024. (MJF) ----- Summary: Lanasa has to revise his initial complaint to remove the blatant falsehoods by Jan 16th. Tenkar has to send a new Motion to Dismiss based on Lanasa's revised complaint by Jan 23rd. Lanasa has to respond to Tenkar's Motion to Dismiss by Feb 6th. Of course, Lanasa's lawyer has a history of asking for extensions. And there's no guarantee the judge will agree to dismiss. But it's possible the end may be in sight for this case. [/QUOTE]
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