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Cerious Mccray et al v. County of Orange et al

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


March 15, 2013

CERIOUS MCCRAY ET AL., PLAINTIFFS,
v.
COUNTY OF ORANGE ET AL., DEFENDANTS.

The opinion of the court was delivered by: Seibel, J.

ORDER

Plaintiff's motion to amend the Complaint, (Doc. 48), is DENIED. But if Plaintiff believes he is possession of facts that, if included in a Third Amended Complaint, would defeat the arguments set forth in Defendants' Motions to Dismiss, (Docs. 40, 44), Plaintiff may request permission to amend as part of his opposition to those motions. Any such request must relate only to the claims and Defendants in the Second Amended Complaint; in other words, the addition of new claims or Defendants will not be entertained, but if Plaintiff is in possession of additional facts relating to the already-advanced claims or already-named Defendants, he may detail those facts as part of his opposition, and the Court will consider whether to permit amendment.

Plaintiff's time to respond to the Motions to Dismiss is extended to March 25, 2013, and Defendants' time to reply is extended to April 8, 2013.

The Clerk is respectfully directed to terminate the pending motion, (Doc. 48).

SO ORDERED.

CATHY SEIBEL, U.S.D.J.

20130315

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