The Court is in receipt of Plaintiff's  Motion for Leave to File an Amended Complaint. Although the Court had previously ordered that Plaintiff's Second Amended Complaint would be the final operative complaint in this action and that the Court "shall not freely grant any further amendments," see Minute Order (Sept. 24, 2020), upon review of Plaintiff's motion, it appears that Plaintiff proposes to eliminate certain claims contained in the Second Amended Complaint. Accordingly, the Court ORDERS that Defendants shall file a response to Plaintiffs motion for leave to file an amended complaint by no later than SEPTEMBER 3, 2021, focusing on Plaintiff's proposal to add a new claim, and Plaintiff shall file a reply by SEPTEMBER 10, 2021.
--Signed by Judge Colleen Kollar-Kotelly on 8/25/21. (lcckk3)
SBTC IS NOW SEEKING TO AMEND ITS COMPLAINT TO SHOW COURT THAT EVEN AFTER SBTC FILED LAWSUITS ALLEGING FMCSA FAILED TO AFFORD SBTC DUE PROCESS ON MULTIPLE EXEMPTION APPLICATIONS, BOTH SECRETARY CHAO & SECRETARY BUTTIGIEG FAILED TO PROCESS TWO ADDITIONAL PETITIONS WITHIN THE STATUTORY 120-DAY PERIOD.
THESE PETITIONS CHALLENGE FMCSA'S FAILURE TO ADOPT A BONA FIDE ELD CERTIFICATION PROGRAM AS REQUIRED BY MAP-21.