United States v. Johnson

The Honorable James L. Robart

7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

10 UNITED STATES OF AMERICA, ) ) Case No. 2:24-cv-00139-JLR 11 Plaintiff, ) ) [PROPOSED] ORDER GRANTING 12 v. ) UNOPPOSED MOTION FOR LEAVE ) TO AMEND COMPLAINT TO BARRY P. JOHNSON, ) WITHDRAW COUNTS 2, 3, 4, & 6 BARRY N. JOHNSON, ) SCOTT J. JOHNSON, ) JOHNSON INTERNATIONAL, LLC, and ) SNOHOMISH COUNTY, ) 16 ) Defendants. ) _______________________________________) 19 The United States of America (“United States”) has moved for leave to amend the complaint (Dkt. # 1) to withdraw Counts 2, 3, 4, and 6 pursuant to Federal Rule of Civil Procedure 15(a)(2). On June 26, 2024, the court set the deadline to amend pleadings for December 31, 2024. (6/26/24 Order (Dkt. # 21).) Once a district court files a pretrial scheduling order, a party’s motion to amend a pleading is governed by Rule 16, not Rule 15. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992). A party seeking to amend a pleading after the date specified in the scheduling order must first show “good cause” for Proposed Order on Unopposed Motion For 1 U.S. DEPARTMENT OF JUSTICE amendment under Rule 16(b)(4). Fed. R. Civ. P. 16(b)(4) (“A schedule may be modified only for good cause and with the judge’s consent.”); see Johnson, 975 F.2d at 608.

3 The United States represents that the parties have reached an agreement to resolve Counts 2, 3, 4, and 6 of the complaint. (Mot. (Dkt. # 25) at 2.) Defendants do not oppose the motion.

5 (See id.; see generally Dkt.) Based upon the unopposed motion and for good cause shown, the Court hereby GRANTS the motion. IT IS HEREBY ORDERED that: 7 1. The United States’ unopposed motion to amend the complaint is GRANTED (Dkt.

8 # 25).

9 2. Counts 2, 3, 4, and 6 of the Complaint are hereby withdrawn.

10 Dated this 27th day of March, 2025.

A 12 Hon. James L. Robart UNITED STATES DISTRICT JUDGE Presented by: /s/ Anthony J. Iozzo ANTHONY J. IOZZO Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Washington, D.C. 20044 Phone: 202-307-6495 Fax: 202-307-0054 [email protected] Attorney for the United States of America Proposed Order on Unopposed Motion For 2 U.S. DEPARTMENT OF JUSTICE