Lin v. Metropolitan Life Insurance Company et al

Northern District of California, cand-4:2015-cv-02126

ORDER DIRECTING PARTIES TO MEET AND CONFER re {{24}} MOTION for Leave to File Amended Complaint. Signed by Judge Saundra Brown Armstrong, on 2/3/16. The parties shall meet and confer by 2/5/16. Modified on 2/4/2016

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1 2 UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 OAKLAND DIVISION 5 6 STEVE LIN, Case No: C 15-2126 SBA 7 Plaintiff, ORDER DIRECTING PARTIES TO 8 MEET AND CONFER vs. 9 METROPOLITAN LIFE INSURANCE 10 COMPANY, et al., 11 Defendants. 12 13 Plaintiff has filed a Motion for Leave to File an Amended Complaint, which is 14 noticed for hearing on March 9, 2016. Dkt. 24. This Court's Standing Orders require 15 parties to meet and confer prior to filing any motion or request, and to certify in writing that 16 they have complied with this requirement. In his motion, Plaintiff avers the following: 17 "Plaintiff's counsel contacted Defendants' counsel to obtain Defendants' consent to the 18 amendment pursuant to Federal Rule of Civil Procedure 15. However, Defendants have not 19 responded with consent or opposition to the filing of the Amended Complaint as of the time 20 of this filing." Dkt. 24 at 2. The Court cannot discern from Plaintiff's cursory statement 21 whether he, in fact, made a good faith effort to meet and confer in an effort to obviate the 22 need for judicial intervention. Accordingly, 23 IT IS HEREBY ORDERED THAT by no later than the close of business on 24 February 5, 2016, the parties shall meet and confer in person or by telephone regarding 25 Plaintiff's request to amend his complaint. If the parties are able to reach an agreement, 26 they shall file a stipulation and proposed order withdrawing Plaintiff's motion for leave to 27 amend and authorizing Plaintiff to file an amended complaint. In the event no agreement is 28 1 reached, Defendants shall file their opposition to the motion for leave to amend by 2 February 18, 2016, and Plaintiff shall file his reply by February 25, 2016. 3 IT IS SO ORDERED. 4 Dated: 2/3/16 ______________________________ SAUNDRA BROWN ARMSTRONG 5 Senior United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-