United States District Court, D. Minnesota
Leroy Leftwich, trustee of the statutory class of next of kin to Cameron Leftwich, decedent, Plaintiff,
County of Dakota et al., Defendants.
R. THORSON UNITED STATES MAGISTRATE JUDGE
matter is before the Court on Plaintiff's Motion to Amend
Scheduling Order to Extend Time and to Amend Complaint. (Doc.
No. 30.) In his motion, Plaintiff requests that the
scheduling order be amended to permit the untimely filing of
an amended complaint adding new alleged customs and practices
to support Plaintiff's constitutional tort claims. The
proposed new claims include four additional customs and
practices against the City of Eagan and two additional
customs and practices against the County of Dakota. (Doc. No.
30-1.) The Court held a hearing on Plaintiff's motion on
January 22, 2019. (Doc. Nos. 40, 53.) At the hearing,
Plaintiff requested supplemental briefing, which was
permitted over Defendants' objections. (Doc. No. 40.)
Plaintiff submitted his supplemental brief on February 5,
2019,  and the Defendants responded on February
19. (Doc. Nos. 45, 46, 54-56.) The Court later permitted
Plaintiff to file a reply on February 28, 2019. (Doc. No.
oppose Plaintiff's motion for lack of good cause because
Plaintiff was not diligent in meeting the October 29, 2018
deadline for amending the pleadings. Defendants also argue
that allowing an untimely amendment would be prejudicial.
reasons stated below, Plaintiffs motion to amend (Doc. No.
30) is denied.
filed his Complaint on April 27, 2018. (Doc. No. 1.) An Order
setting a Pretrial Conference was issued on May 2, 2018.
(Doc. No. 10.) Rule 26(f) reports were filed on May 22,
2018. (Doc. Nos. 21, 22.) The parties jointly proposed that
motions seeking to join other parties “must be filed
and served by August 27, 2018, ” and that motions
seeking to amend the pleadings “must be filed and
served by October 29, 2018.” (See Doc. No. 21
at 8; Doc. No. 22 at 8.) A two-hour Pretrial Conference was
held on May 25, 2018. (Doc. No. 23.) The Pretrial Scheduling
Order was entered on May 29, 2018. (Doc. No. 24.) The front
page of the Scheduling Order set forth the requirement of
good cause to amend the Scheduling Order. The front page also
noted: “this Pretrial Scheduling Order has been
prepared with the input of counsel for the parties and the
parties are required to diligently work to meet the
Scheduling Order adopted the amendment deadlines and
discovery deadlines proposed by Plaintiff and Defendants.
(Id.) Importantly, the amendment deadlines
included a separate provision requiring the parties to
“diligently pursue any further investigation or
discovery to meet this deadline.” (Id.)
Motions seeking to join other parties must be filed and
served by August 27, 2018. The parties must
diligently pursue any further investigation or discovery to
meet this deadline.
Motions seeking to amend the pleadings must be filed and
served by October 29, 2018. The parties
must diligently pursue any further investigation or discovery
to meet this deadline.
(Doc. No. 24 at 5 (emphasis added).)
January 2, 2019-the day fact discovery closed-Plaintiff filed
this motion to amend. Plaintiff's motion was filed more
than two months after the October 29, 2018 deadline expired.
Plaintiff seeks to add the following redlined language to his
136. Specifically, the City had several customs and
practices that amounted to a failure to provide adequate
medical and mental health care for individuals taken into
custody by the City of Eagan, including but not limited
a. a custom and practice of having officers who did not
interview any known witnesses complete the Offender Tracking
Form, without making any effort to obtain any information
from the interviewing officers;
b. a custom and practice of default
responding “No” to medical and mental health
information on the Offender Tracking Form, without
reviewing with any officers or witnesses such
information, when transmitting the form to the Dakota County
c. a custom and practice of sending the Offender
Tracking Form prior to any investigation or obtaining any
information from known witnesses, and nonetheless responding
“No” to medical and mental health information,
rather that “Unknown;”
d. a custom and practice of withholding medical
and mental health information from the Dakota County Jail,
except, in limited cases, providing extremely limited
information in a two-line sentence fragments, without detail;
e. a custom and practice of failing to provide
updated or supplemental information to the Dakota County
Jail, after receiving medical and mental health information
from witnesses, following reporting “No” that no
such information had been provided.
And, the County had several customs and practices that
amounted to a failure toprovide adequate medical
and mental health care for individuals detained in theDakota County ...