Michael Thomas v. J. Castro, et al.

Summary

The United States District Court for the Eastern District of California discharged its order to show cause concerning whether the plaintiff’s claims were barred by the statute of limitations. The court granted the plaintiff’s motion for leave to file a first amended complaint asserting claims under the Americans with Disabilities Act and Rehabilitation Act, finding no prejudice, bad faith, undue delay, or futility. The court stated that it would screen the amended complaint in due course.

Holdings

1. The order to show cause was discharged because, based on Plaintiff's response and allegations, it was not absolutely clear that the claims were barred by the applicable statute of limitations.
2. Leave to amend was granted because there was no evidence of prejudice, bad faith, undue delay, or futility, and no defendant had been served or appeared.

Questions Presented

1. Whether the order to show cause concerning possible statute-of-limitations bar should be discharged.
2. Whether Plaintiff should be granted leave to amend the complaint under Federal Rule of Civil Procedure 15(a).

Disposition

other