MyMedicalRecords Inc v. Quest Diagnostics Inc
Filing
15
ORDER STRIKING FIRST AMENDED COMPLAINT 13 ; ORDER TO SHOW CAUSE RE.LACK OF PROSECUTION by Judge Otis D. Wright, II : On September 12, 2013, Plaintiff MyMedicalRecords, Inc. filed a First Amended Complaint against Defendant Quest Diagnostics, Inc., a dding an additional patent-infringement claim more than 21 days after MyMedicalRecords served Quest Diagnostics on July 24, 2013. (ECF No. 13.) MyMedicalRecords thus needed either Quest Diagnosticss written consent or leave of court in order to amend its Complaint. Fed. R. Civ. P. 15(a)(2). MyMedicalRecords obtained neither. The Court accordingly STRIKES Plaintiffs First Amended Complaint (ECF No. 13).The Court therefore ORDERS MyMedicalRecords to SHOW CAUSE by Monday, September23, 2013, why thi s case should not be dismissed for lack of prosecution. No hearing will be held. The Court will discharge the Order to Show Cause upon either the filing of Quests answer or a request for entry of default filed with the Clerk of Court. (lc) Modified on 9/16/2013 (lc).
O
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA
10
11
MYMEDICALRECORDS, INC.,
12
13
14
15
v.
Plaintiff,
QUEST DIAGNOSTICS, INC.,
Case No. 2:13-cv-02538-ODW(SHx)
ORDER STRIKING FIRST
AMENDED COMPLAINT [13];
ORDER TO SHOW CAUSE RE.
LACK OF PROSECUTION
Defendant.
16
On September 12, 2013, Plaintiff MyMedicalRecords, Inc. filed a First
17
Amended Complaint against Defendant Quest Diagnostics, Inc., adding an additional
18
patent-infringement claim—more than 21 days after MyMedicalRecords served Quest
19
Diagnostics on July 24, 2013. (ECF No. 13.) MyMedicalRecords thus needed either
20
Quest Diagnostics’s written consent or leave of court in order to amend its Complaint.
21
Fed. R. Civ. P. 15(a)(2). MyMedicalRecords obtained neither. The Court accordingly
22
STRIKES Plaintiff’s First Amended Complaint (ECF No. 13).
23
Since MyMedicalRecords served Quest Diagnostics on July 24, 2013, Quest’s
24
answer was due on August 14, 2013. The parties initially stipulated to extend the time
25
Quest had to file its answer to September 13, 2013. (ECF No. 10.) On September 11,
26
2013, the parties attempted to file another stipulation to extend Quest’s time to
27
answer. (ECF No. 11.) But the Court denied that stipulation. (ECF No. 12.) Despite
28
its answer being due on September 13, 2013, Quest has not yet answered.
1
And neither has MyMedicalRecords moved for entry of default. The Court
2
therefore ORDERS MyMedicalRecords to SHOW CAUSE by Monday, September
3
23, 2013, why this case should not be dismissed for lack of prosecution. No hearing
4
will be held. The Court will discharge the Order to Show Cause upon either the filing
5
of Quest’s answer or a request for entry of default filed with the Clerk of Court.
6
IT IS SO ORDERED.
7
8
September 16, 2013
9
10
11
____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?