Asman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THOMAS SCHMITZ, et al., No. 2:20–cv–00195–JAM-CKD PS Plaintiffs, ORDER v. (ECF No. 125) A. ASMAN, et al., Defendants. 16 The court is in receipt of plaintiffs’ January 4, 2021 motion for leave to include in their forthcoming Third Amended Complaint a claim for punitive damages against defendant Dr. Stephen DeNigris. (ECF No. 125.) This motion was timely filed in compliance with the instructions in the undersigned’s November 16, 2020 order dismissing this claim without prejudice for failure to first seek leave of court as required by California Civil Procedure Code § 425.13. (ECF No. 85 at 42, 45.) However, in part due to the court’s oversight regarding the mechanics of section 425.13, and because the motion must be properly noticed for hearing so that Dr. DeNigris has a full opportunity to respond, the court denies the instant motion without prejudice. The court’s November 16, 2020 order permitted plaintiffs…