Ryan
Ryan v. City of Lincoln
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD J. RYAN, No. 2:18-cv-00096-KJM-DB Plaintiff, v. ORDER CITY OF LINCOLN, et al., Defendants. 16 On December 6, 2018, the court granted the City of Lincoln’s motion to dismiss without leave to amend, effectively ending Ryan’s suit against the City. See ECF No. 27. Ryan now asks the court to vacate its order by granting leave to amend his complaint, claiming he can allege additional facts that will support the futility exception under the Fifth Amendment’s takings analysis. ECF No. 32. The City opposes the motion, ECF No. 36, and Ryan has replied, ECF No. 37. On January 25, 2019, the court heard oral argument, then submitted the matter for resolution by written order. After consideration, and for the reasons set forth below, Ryan’s motion to amend is DENIED. I. FACTUAL AND PROCEDURAL BACKGROUND The court in its December 6, 2018 order on the motion to dismiss set forth the relevant facts…