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Case 1:07-cv-00026-OWW-TAG Document 158 Filed 06/25/2008 Page 1 of 4

1 Mark A. Wasser CA SB #060160


LAW OFFICES OF MARK A. WASSER
2 400 Capitol Mall, Suite 1100
Sacramento, CA 95814
3 Phone: 6) 444-6400
444-6405

13

July
Time: 9:30 a.m.
21 Place: U.S. Dist. Ct., Bankruptcy Courtroom
1300 18 t Street, Bakersfield, CA
22
Date Action Filed: January 6, 2007
23 Trial Date: December 2, 2008

24
25 Defendants respectfully submit this memorandum in opposition to Plaintiffs motion for

26 leave to file a third supplemental complaint.

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DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION


TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT
Case 1:07-cv-00026-OWW-TAG Document 158 Filed 06/25/2008 Page 2 of 4

1 A. The Pleading Standard.


2 Rule 8 of the Federal Rules of Civil Procedure ("Rule 8") provides for "notice pleading".

3 conl1pl:3.mt reqUln~d
IS reqUln~d to rwn,uu,p
nrn'V1f'''' statement

pleadl~r IS emrue:a

:'JL+-page. t2lct-mt,ens:ive conl1pl:nnt IS c __ ~..! Ioalled

denlied out
denlled

1 a

21 complaint to begin with, need to be repeated thrice, eludes the Defendants.

22 Not content with repeating them three times, for good measure, Plaintiff throws in a

23 fourth repetition of paragraph 29. See paragraph 144. Thoughtful repetition can be an effective
24 tool of advocacy. However, this is a pleading and we ought to observe some rules. (Other

25 paragraphs in the complaint are already repeated multiple times but they, thankfully, are not

26 before us.)

27 These three, actually ten, paragraphs do not belong in the complaint.

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DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION


TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT
Case 1:07-cv-00026-OWW-TAG Document 158 Filed 06/25/2008 Page 3 of 4

1 c. Paragraph 148.
2 Paragraph 148 presents a slightly different issue. Paragraph 148 adds an allegation that

3 Plamtltt deJmed an 0P1PortUIlity


Plclinjjtl was derlled "plrof~~ssional
on"norfnr,it" to earn "P!'ot~~ssjlonal pantgralph 1
par2lgral)h

4 apt)ears to state a new


aPl)ears reqlue:stirlg new
as reclUe:stirlg

5 pres:ents
nresents a problern.
pf()bll~m.

preparing to dlsclo:se

reCluest to a

Hl~,lU'JHjl"" a Po:ssilbie

are IS no reason

21 been proposed earlier. At this point, there is no way to avoid prejudice to the Defendants. Either

22 we stay on schedule and Defendants have no meaningful opportunity to discover facts about this

23 new claim or we revise the scheduling order, extend discovery and continue the trial and,

24 thereby, postpone the Defendants' ability to ultimately dispose of these claims.

25 D. Paragraphs 155 and 159.


26 Paragraphs 155 and 159 are useless additions to the complaint. The evidentiary facts

27 contained in these two paragraphs add nothing to any claims already alleged.

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DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION
TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT
Case 1:07-cv-00026-OWW-TAG Document 158 Filed 06/25/2008 Page 4 of 4

1 E. Paragraph 229.
2 Finally, paragraph 229 raises issues analogous to those raised by the proposed addition

3 par2lgralJh 1
paralgralJh alleges delamatlc)ll
c1elamatlcm a~~ainst
a~~amst

detam:atlcm
a delam.atlcm

sub!stalltial am'endment to

reasons, De:lerldants
Uetendarlt5 reQ1Uest
n~qllest

cause

21 Dated: June 25, 2008 LAW OFFICES OF MARK A. WASSER

22

23 By: /s/ Mark A. Wasser


Mark A. Wasser
24 Attorney for Defendants, County of Kern, et al.
25

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DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION


TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT