1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 B & L PRODUCTIONS, INC. d/b/a Case No.: 3:19-CV-134-CAB-AHG CROSSROADS OF THE WEST et al., 12

ORDER DENYING MOTION TO

Plaintiffs, 13 FILED SUPPLEMENTAL v. COMPLAINT 14

22ND DISTRICT AGRICULTURAL 15 ASSOCIATION et al., [Doc. No. 40.] 16 Defendants. 17 18 19 The Del Mar Fairgrounds (the “Fairgrounds”) is owned by the state of California 20 and managed by the board of directors of Defendant 22nd District Agricultural Association 21 (the “District”). On September 11, 2018, the District voted to impose a moratorium on gun 22 show events at the Fairgrounds for the calendar year 2019 (the “Moratorium”). [Doc. No. 23 1 at ¶ 94.] On January 21, 2019, Plaintiff B&L Productions, Inc. d/b/a Crossroads of the 24 West (“Crossroads”), who operates gun show events at the Fairgrounds, and several other 25 named plaintiffs consisting of entities and individuals who attend and participate in 26 Crossroads gun show events at the Fairgrounds, filed this lawsuit to enjoin enforcement of 27 the Moratorium and compel the District to allow Crossroads to hold gun shows at the 28 Fairgrounds in 2019, and for compensatory and punitive damages. 1 On June 18, 2019, the Court entered a preliminary injunction that enjoined the 2 District from enforcing the Moratorium and required the District to make available to 3 Crossroads the next available dates for gun shows. [Doc. No. 23.] The order set deadlines 4 for discovery and for motions for summary judgment, including a summary judgment 5 hearing on September 26, 2019. [Id.] Since then, the parties filed four separate motions 6 seeking extensions of these deadlines on the grounds that the parties were engaged in 7 settlement discussions [Doc. Nos. 28, 31, 36, 38], with the extensions granted by the Court 8 ultimately equaling almost a year. [Doc. No. 39.] 9 Plaintiffs now move to file a supplemental complaint to add claims concerning a 10 state law, Assembly Bill 893 (“AB 893”), which was signed into law on October 11, 2019, 11 and prohibits the sale of firearms and ammunition at the Fairgrounds beginning January 1, 12 2021. Upon consideration of the motion, Defendants’ opposition, Plaintiffs’ reply, and 13 authority addressing a district court’s discretionary authority with respect to motions for 14 leave to supplement complaints under Federal Rule of Civil Procedure 15(d), the motion 15 is denied. 16 “Although leave to supplement a complaint pursuant to Rule 15(d) of the Federal 17 Rules of Civil Procedure is liberally granted, as is leave to amend a complaint pursuant to 18 Rule 15(a), such leave is properly denied where the matters alleged in a supplemental 19 pleading have no relation to the claim originally set forth and joinder will not promote 20 judicial economy or the speedy disposition of the dispute between the parties.” Chandler 21 v. James, 783 F. Supp. 2d 33, 39 (D.D.C. 2011) (internal quotation marks and citations 22 omitted). “Leave to file a supplemental pleading therefore may not be granted where the 23 supplemental pleading involves a new and distinct claim that should be the subject of a 24 separate suit.” Ramachandran v. City of Los Altos, No. 18-CV-01223-VKD, 2020 WL 25 1914961, at *4 (N.D. Cal. Apr. 20, 2020). 26 Here, the new allegations and claims in the proposed supplemental complaint are 27 only superficially related to the original complaint. The supplemental complaint asserts 28 new claims against new parties, and it does not assert the claims from the original complaint 1 |/against the new parties. It concerns a state law that is entirely different from the 2 ||Moratorium and seeks a remedy for a different alleged injury to Plaintiffs. None of the 3 ||new factual allegations inform or relate to the allegations in the original complaint 4 ||concerning the Moratorium. Likewise, few of the allegations concerning the Moratorium 5 |/inform or relate to the claims concerning AB 893. Indeed, Plaintiffs’ reply effectively 6 || concedes that the new claims it seeks to assert in the supplemental complaint are distinct 7 || and unrelated to the claims in the original complaint, admitting that they have no reason to 8 ||believe that the District had anything to do with the passage of AB 893, and that the 9 ||supplemental complaint should not prevent completion of a settlement in principle 10 concerning the claims regarding the Moratorium. Thus, the supplemental complaint simply 11 attempts to incorporate an entirely new lawsuit into this one, which the parties state has 12 || already been settled in principle. 13 In light of these circumstances, the Court finds that no judicial economy would be 14 ||served by allowing Plaintiffs to supplement their complaint. To the contrary, judicial 15 |}economy, and more expedient resolution of Plaintiffs’ claims concerning AB 893, would 16 || be served by Plaintiffs filing a new lawsuit asserting those claims. Such a suit would not 17 ||be bogged down, complicated, and delayed by the parties’ continuing efforts to settle the 18 || claims in this lawsuit as it stands now. Moreover, despite Plaintiffs’ representations to the 19 ||contrary, the Court remains unconvinced that allowing this supplemental complaint will 20 ||not further delay settlement of the original claims, discussions concerning which have 21 || already been ongoing for close to a year. Thus, for the foregoing reasons, Plaintiffs’ motion 22 file a supplemental complaint is DENIED. 23 It is SO ORDERED. 24 Dated: April 27, 2020 (ib 25 Hon. Cathy Ann Bencivengo 26 United States District Judge 27 28