Harris et al v. Texarkana, Arkansas, City of et al

Filing 60

ORDER granting 52 Motion for Reconsideration re 43 MOTION for Extension of Time to File filed by Keith Bursey, Laney Harris. Plaintiffs have ten (10) days from the date of this order to file their proposed Second Amended Complaint. Signed by Honorable Barry A. Bryant on January 21, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
LANEY HARRIS and
KEITH BURSEY
vs.

PLAINTIFFS

Civil No. 4:12-cv-04050

CITY OF TEXARKANA, ARKANSAS ET AL.

DEFENDANTS

ORDER
Before the Court is Plaintiffs’ Motion for Reconsider and in the Alter Motion to Vacate
Order. ECF No. 52. Considering that Motion, the Court finds it should be GRANTED, and the
Court will reconsider Plaintiffs’ Motion to Extend the Time to File Amended Complaint and to Add
Parties (ECF No. 43).
However, pursuant to Rule 15 of the Federal Rules of Civil Procedure, Plaintiffs may only
amend their pleadings “with the opposing party’s written consent or the court’s leave.” While
Plaintiffs request the ability to file a Second Amended Complaint in this matter, they have not
provided the Court a copy of that complaint. Accordingly, the Court cannot determine whether leave
should be granted. Thus, Plaintiffs have ten (10) days from the date of this order to file their
proposed Second Amended Complaint. After that proposed complaint is filed, the Court will then
determine if leave should be granted.
ENTERED this 21st day of January 2014.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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