Mendia

ORDER RE: MOTION FOR LEAVE TO FILE AMENDED COMPLAINT AND MOTIONS TO DISMISS

INTRODUCTION

Pending before the Court is Plaintiff Bernardo Mendia’s (“Plaintiff’) Motion for Leave to File a Third Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a). Mot. to Am., Dkt. No. 101. Defendants John M. Garcia, Ching Chang, and the United States of America (collectively, “Defendants”) filed an Opposition (Dkt. No. 102), and Plaintiff filed a Reply (Dkt. No. 103). Before Plaintiff filed his Motion for Leave to Amend, Defendants sought to dismiss the ’ Second Amended Complaint (“SAC,” Dkt. No. 70). See United States and Official-Capacity Defendants’ Motion to Dismiss (“U.S. MTD”), Dkt. No. 87; Individual Agent Defendants’ Motion to Dismiss (“Agents MTD”), Dkt. No. 90. 1 Plaintiff filed Oppositions to those Motions to Dismiss. Dkt. Nos. 97-98. However, the parties did not complete briefing as to the Motions to Dismiss, because— with the Court’s permission — Plaintiff filed the instant Motion to file his Third Amended Complaint. See Dkt. No. 100. Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court rules as…