Riess v. Davis et al

Filing 37

ORDER - That Plaintiff's Motion for Leave to Submit First Amended Complaint (Doc. 29) is DENIED. Signed by Magistrate Judge Edward C Voss on 9/14/2011.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Richard Reiss,
Plaintiff,

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vs.

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Cary Davis, et al.,
Defendants.

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No. CV 11-0523-PHX-SRB (ECV)
ORDER

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Pending before the court is Plaintiff’s Motion for Leave to Submit First Amended
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Complaint (Doc. 29). Defendants have filed a Response (Doc. 31) opposing Plaintiff’s
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motion.
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Plaintiff’s motion to amend fails to comply with the requirements for such a motion
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set forth in the Local Rules of Civil Procedure. Rule 15.1 of the Local Rules requires a party
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who moves for leave to amend to attach a copy of the proposed amended pleading as an
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exhibit to the motion. The proposed pleading must “indicate in what respect it differs from
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the pleading which it amends, by bracketing or striking through the text to be deleted and
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underlining the text to be added.” Id.
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Here, although Plaintiff attached a copy of the proposed amended pleading to the
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motion, the proposed pleading does not indicate how it differs from the pleading which it
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amends. Having failed to comply with the requirements for seeking leave to amend his
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complaint, Plaintiff’s motion will be denied.
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IT IS THEREFORE ORDERED:
That Plaintiff’s Motion for Leave to Submit First Amended Complaint (Doc. 29) is
DENIED.
DATED this 14th day of September, 2011.

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