Summary
The United States District Court for the Eastern District of California addresses several post-scheduling-conference filings in Michael Ward’s civil rights action against the City of Redding and other defendants. The court construes two filings as requests for district-judge reconsideration, denies an objection and request concerning discovery deadlines, and vacates without prejudice a request to restore a dismissed Monell claim. The court directs plaintiff to seek leave to amend under Federal Rule of Civil Procedure 15(a)(2) and sets a status conference for October 29, 2025.
Holdings
- Filings that clearly seek review of a magistrate judge's ruling may be construed as requests for reconsideration under Local Rule 303(c), even when they do not use the rule's required caption.
- Plaintiff was not entitled on the filing presented to modify the scheduling order or reset the initial-disclosure deadline because the record showed no limitation on discovery and no identified basis for extending the deadline.
- A request to plead new factual allegations supporting a dismissed Monell claim must be treated as a request for leave to amend under Federal Rule of Civil Procedure 15(a)(2), rather than as a motion simply to reinstate the claim.
Questions Presented
- Whether filings that did not use the caption required by Local Rule 303(c) could nonetheless be construed as requests for district-judge reconsideration of the magistrate judge's discovery ruling.
- Whether plaintiff established a basis to modify the scheduling order or extend the initial-disclosure deadline.
- Whether plaintiff's motion to reinstate a dismissed Monell claim should be treated as a motion to amend and, if so, whether the requested amendment could be evaluated on the motion as filed.
Disposition
other
Cases Cited (3)
- Monell v. New York City Department of Social Services, 436 U.S. 658, 690-91 (1978)(followed)
- Foman v. Davis, 371 U.S. 178, 182 (1962)(followed)
- Pacific Bell Tel. Co. v. LinkLine Communications, Inc., 555 U.S. 438, 456 n.4 (2009)(followed)
Cited In (0)
No citing cases on record yet.