Guerra v. Department of Veterans Affairs

Opinion

THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON JULIO C. GUERRA, CASE NO. C25-0693-JCC Plaintiff, MINUTE ORDER v. Defendant.

The following Minute Order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: On February 18, 2026, Plaintiff moved for an extension of time to file what he described as a “Second Amended Complaint.” (Dkt. No. 34 at 1.) In that motion, Plaintiff contended the Court provided him leave to amend (when it previously granted Defendants’ motion for partial dismissal). (Id. at 1–2) (citing Dkt. No. 29). Plaintiff is mistaken. The Court provided no such leave. Docket Number 20 remains the operative complaint in this matter, with portions of claims contained within dismissed in accordance with Docket Number 29. Thus, Plaintiff’s motion (Dkt. No. 34) is DENIED as moot. If Plaintiff seeks leave to further amend, whether it be to add or modify parties or claims or to cure the deficiencies noted in Docket Number 29, he must so move in accordance with Federal Rule of Civil Procedure 15(a)(2). Although Plaintiff should be apprised that the Court, in previously dismissing portions of his claims, (see Dkt. No. 29 at 4–6), considered whether leave to amend should sua sponte be provided. It concluded, because those claims fail as a matter of law (as opposed to being inadequately pled), (see id. at 4–6), that further amendment would be futile and, thus, unwarranted. See Missouri ex rel. Koster v. Harris, 847 F.3d 646, 655–56 (9th Cir. 2017). The previous scheduling order for this matter, (see Dkt. Nos. 15, 16, 19), remains in place. DATED this 19th day of February 2026. Joshua C. Lewis Clerk of Court s/Kadya Peter Deputy Clerk