Noah Shumate v. Thomas McKenzie, et al.

Summary

The United States District Court for the Central District of California granted plaintiff one final opportunity to file a Second Amended Complaint after previously dismissing the First Amended Complaint with leave to amend. The court set a January 16, 2026 deadline for the Second Amended Complaint, a January 30, 2026 deadline for defendants’ response, and excused the parties from the meet-and-confer requirement for any motion to dismiss.

Holdings

1. The court granted plaintiff one final opportunity to file a Second Amended Complaint, extending the deadline to January 16, 2026, and stated that no further extensions would be granted.
2. To avoid dismissal under Federal Rule of Civil Procedure 41(b) following dismissal of a complaint with leave to amend, a plaintiff must file an amended complaint or a notice stating that the plaintiff will stand on the dismissed complaint.

Questions Presented

1. Whether plaintiff should receive an additional opportunity and extension of time to file a Second Amended Complaint after the deadline established in the court's prior dismissal order.
2. What filing or response would avoid dismissal under Federal Rule of Civil Procedure 41(b) after dismissal of the First Amended Complaint with leave to amend.

Disposition

other