Dixon v. Perkins Jefferson

District Court, D. Nevada

Dixon v. Perkins Jefferson

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Seanah Dixon and Toney A. White, Case No.: 2:24-cv-01376-GMN-MDC

5 Plaintiffs, ORDER EXTENDING DEADLINE FOR PLAINTIFFS TO FILE THIRD 6 v. AMENDED COMPLAINT 7 Jessica Perkins Jefferson, et al., 8 Defendants. 9 10 On February 19, 2025, the Court issued an order screening the plaintiffs’ second 11 amended complaint, dismissing the second amended complaint without prejudice, and ordering 12 the plaintiffs to file a third amended complaint by March 21, 2025. (ECF No. 19.) The Court 13 warned the plaintiffs that the action could be dismissed if they failed to file a third amended 14 complaint by that deadline. (Id. at 8, 10.) That deadline expired and the plaintiffs did not file a 15 third amended complaint. However, the plaintiffs did file an “addendum” to a motion that was 16 denied without prejudice in the Court’s screening order. (See id. at 8–10 (screening order); ECF 17 No. 21 (addendum).) Although this filing does not mention the screening order or request an 18 extension of time to file a third amended complaint, it reflects that the plaintiffs are still 19 interested in pursuing this case and that they may not, in fact, have received the screening order. 20 The Court therefore extends the deadline to file a third amended complaint until April 21, 21 2025. The amended complaint is a new document. Plaintiffs may not “amend” their complaint 22 with “addendums,” and such “addendums” like ECF No. 21 do not comply with the Court’s 23 02/19/2025 Order (ECF No. 19). "[W]hen a plaintiff files an amended complaint, '[t]he amended 24 complaint supersedes the original, the latter being treated thereafter as non-existent.'" Rhodes v.

25 Robinson, 621

F.3d 1002, 1005 (9th Cir. 2010) (quoting Loux v. Rhay,

375 F.2d 55, 57

(9th 26 Cir. 1967)). An amended complaint must be "complete in itself, including exhibits, without 27 reference to the superseded pleading." LR 15-1(a). If the plaintiffs do not file a third amended 28 complaint by April 21, 2025, the Court may dismiss plaintiffs’ case without prejudice. 1 IT IS ORDERED that: 2 1. The plaintiffs shall file a third amended complaint by April 21, 2025. 3 2. Failure to comply with this order will subject this case to dismissal without 4 prejudice. 5 3. The Clerk of Court shall send the plaintiffs a courtesy copy of the February 19, 6 2025, screening order. (ECF No. 19.) 7 DATED: April 3, 2025

10 Hon, MiMimiliano D/Couvilii Uniteé’States Magist? ate Jugge 12 iF 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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