United States District Court, D. Nevada
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (ECF NO.
175) STIPULATION FOR EXTENSION OF TIME (ECF NO. 190)
FERENBACH, UNITED STATES MAGISTRATE JUDGE
the Court is plaintiff Scott Friedman's motion for leave
to file an amended complaint (ECF No. 175). The United
States, Tali Arik, and the Las Vegas Metropolitan Police
Department (including officers LePore, Hahn, and Heiner)
filed their responses. (ECF Nos. 177, 178, and 180).
Plaintiff filed replies. (ECF Nos. 182, 184, and 185).
before the Court is the parties' stipulation for an
extension of time. (ECF No. 190).
Friedman's motion to amend and the parties'
stipulation are granted.
11, 2018, Plaintiff Scott Friedman filed a complaint against
multiple parties and entities related to a federal criminal
prosecution that the government brought against him. (ECF No.
1). Friedman asserted fourteen causes of action, alleging
that the defendants engaged in various unlawful activities
before and during the prosecution of a criminal case against
Friedman. (Id.) On November 19, 2018, the parties
all signed and submitted to the Court for review a stipulated
discovery plan and scheduling order. (ECF No. 115). The
parties all agreed that the last day to file a motion to
amend the pleadings or to add parties would be July 29, 2019.
(Id. at 115). On November 27, 2018, this court
granted the stipulated discovery plan and scheduling order.
(ECF No. 117 at 8).
January 7, 2019, this Court dismissed the following claims
• malicious prosecution, abuse of process, false
imprisonment, intentional infliction of emotional distress,
civil conspiracy, and negligence against the USA;
• all civil tort claims against the FBI agents;
• intentional infliction of emotional distress,
champerty and maintenance, aiding and abetting, and alter ego
against Arik and Arik Ventures; and
• malicious prosecution, champerty and maintenance, and
intentional infliction of emotional distress against Bolton.
(ECF No. 121). On May 7, 2019, the Court also dismissed the
aiding and abetting claim against the USA without prejudice.
(ECF No. 167). On July 29, 2019, Friedman filed his motion
for leave to file his amended complaint. (ECF NO. 175).
Friedman argues that his motion is timely and that the
proposed amended complaint revives claims that this Court
dismissed without prejudice. (Id. at 2). Plaintiff
also alleges two new claims, negligent infliction of
emotional distress against all defendants and a municipal
liability claim against LVMPD. (Id.) Friedman
alleges that the claims are partly based on new information
that came to light during discovery, including his review of
the previously undisclosed grand jury transcripts related to
the indictment against him in the criminal prosecution.
(Id.) The Defendants allege that Friedman brings the
new claims in bad faith because he obtained the grand jury
transcripts a few months ago and that the delay prejudices
them. (ECF Nos. 177 at 9; 178 at 6; and 180 at 6). Defendants
also allege that his claims are futile. (ECF Nos. 177 at 12;
178 at 6; and 180 at 9).
August 27, 2019, the parties filed a stipulation to extend
expert disclosure deadlines in the ...