Jackson et al v. JLS Trucking, Inc. et al

Filing 19

ORDER directing Plaintiffs to refile their Second Amended Complaint within seven (7) days of the entry of this Order. Defendants shall refile their Answer to Plaintiffs' Second Amended Complaint. Signed by Honorable Susan O. Hickey on January 27, 2014. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
BETTIE PHILLIPS JACKSON, on behalf
of BOBBIE PHILLIPS, an incapacitated
person, JIMMIE SMITH; TONYA PACE;
and SONYA PACE
V.

PLAINTIFFS

CIVIL NO. 4:13-cv-4120

JLS TRUCKING, INC.;
FREEDOM TRUCKING USA, LLC;
and JUAN MARTINEZ

DEFENDANTS

ORDER
Federal Rule of Civil Procedure 15(a)(2) states that “a party may amend its pleading only
with the opposing party’s written consent or the court’s leave.” On January 10, 2014, Plaintiffs
filed a Second Amended Complaint without leave of the Court and without written consent from
Defendants. Therefore, the Clerk disregarded Plaintiffs’ Second Amended Complaint. (ECF
No. 14). On January 24, 2014, Plaintiffs provided notice to the Court of Defendants’ written
consent to file a Second Amended Complaint. (ECF No. 18). Accordingly, pursuant to Rule
5.5(e) of the Rules of the United States District Courts for the Eastern and Western District of
Arkansas, Plaintiffs shall refile their Second Amended Complaint within seven (7) days of the
entry of this Order.

Defendants shall refile their Answer to Plaintiffs’ Second Amended

Complaint.
IT IS SO ORDERED, this 27th day of January, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge