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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: 6) 444-6400 444-6405
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July Time: 9:30 a.m. Place: U.S. Dist. Ct., Bankruptcy Courtroom 1300 18 t Street, Bakersfield, CA Date Action Filed: January 6, 2007 Trial Date: December 2, 2008
Defendants respectfully submit this memorandum in opposition to Plaintiffs motion for leave to file a third supplemental complaint.
DEFENDANTS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE THIRD SUPPLEMENTAL COMPLAINT
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The Pleading Standard.
Rule 8 of the Federal Rules of Civil Procedure ("Rule 8") provides for "notice pleading".
reqUln~d IS reqUln~d
:'JL+-page. t2lct-mt,ens:ive conl1pl:nnt IS
denlled out denlied
21 22 complaint to begin with, need to be repeated thrice, eludes the Defendants.
Not content with repeating them three times, for good measure, Plaintiff throws in a
fourth repetition of paragraph 29. See paragraph 144. Thoughtful repetition can be an effective
tool of advocacy. However, this is a pleading and we ought to observe some rules. (Other paragraphs in the complaint are already repeated multiple times but they, thankfully, are not before us.) These three, actually ten, paragraphs do not belong in the complaint.
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Paragraph 148 presents a slightly different issue. Paragraph 148 adds an allegation that
deJmed on"norfnr,it" "plrof~~ssional Plclinjjtl Plamtltt was derlled an 0P1PortUIlity to earn "P!'ot~~ssjlonal
aPl)ears to state a new apt)ears
par2lgral)h 1 pantgralph as reclUe:stirlg new reqlue:stirlg
nresents pf()bll~m. pres:ents a problern.
preparing to dlsclo:se
been proposed earlier. At this point, there is no way to avoid prejudice to the Defendants. Either we stay on schedule and Defendants have no meaningful opportunity to discover facts about this new claim or we revise the scheduling order, extend discovery and continue the trial and, thereby, postpone the Defendants' ability to ultimately dispose of these claims.
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Paragraphs 155 and 159.
Paragraphs 155 and 159 are useless additions to the complaint. The evidentiary facts contained in these two paragraphs add nothing to any claims already alleged.
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par2lgralJh 1 paralgralJh
Finally, paragraph 229 raises issues analogous to those raised by the proposed addition alleges delamatlc)ll c1elamatlcm a detam:atlcm delam.atlcm
sub!stalltial am'endment to
reasons, De:lerldants reQ1Uest Uetendarlt5 n~qllest cause
Dated: June 25, 2008
LAW OFFICES OF MARK A. WASSER
22 23 By: /s/ Mark A. Wasser Mark A. Wasser Attorney for Defendants, County of Kern, et al.
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