Wayne A. Taylor v. William Robinson Jr. et al

Filing 107

ORDER STRIKING FIRST AMENDED COMPLAINT 44 AND ORDERING PLAINTIFF TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED by Judge Dean D. Pregerson: The court orders Plaintiff to file a brief showing why this action should not be dismissed. Plaintiff s brief must identify the particular patents and trademarks at issue and explain Plaintiffs claim to ownership of any such patents or trademarks. Plaintiffs brief shall be filed withing 14 days of the date of this Order, and shall not to exceed ten p ages, not including attached exhibits, such as patent or trademark registrations. Defendant should also deliver a courtesy copy to chambers. The court will regard any failure to file an explanatory brief as consent to dismissal of this matter. All pending motions are VACATED 49 , 52 , 61 , 63 , 64 , 69 , 70 , 72 , 75 , 87 , 88 , 96 and all proceedings stayed pending Plaintiffs explanatory filing and until further order of this court. (lc). Modified on 2/12/2015. (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WAYNE A. TAYLOR,

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Plaintiff,

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v.
WILLIAM ROBINSON, JR.;
EVERLAST SPARRING PARTNER;
CENTURY MARTIAL ARTS; TKO,
INC. SPARING PARTNER,

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Defendants.
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___________________________

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Case No. CV 13-06981 DDP (PJWx)
ORDER STRIKING FIRST AMENDED
COMPLAINT AND ORDERING PLAINTIFF
TO SHOW CAUSE WHY THIS CASE
SHOULD NOT BE DISMISSED

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It appears to the court that Plaintiff’s First Amended

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Complaint (Dkt. No. 44) was erroneously filed by the Clerk of the

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Court.

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2013.

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of service on October 17, 2013, which the court granted on November

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5, 2013.

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Plaintiff filed his original Complaint on September 20,
Certain Defendants filed a Motion to Dismiss and certificate

Plaintiff filed his First Amended Complaint on January 16,

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2014.

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time in which Plaintiff could have amended his complaint as a

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matter of course had already passed.

Under Federal Rule of Civil Procedure 15(a)(1), however, the

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Where, as here, more than 21 days have passed after service of

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a motion to dismiss under Rule 12(b), Federal Rule of Civil

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Procedure 15(a)(2) controls.

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only have filed his First Amended Complaint with Defendants’

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written consent or leave of the court.

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Defendants’ consent, nor did he seek leave to amend prior to filing

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the First Amended Complaint.

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was not timely filed under Rule 15, it must be stricken.

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Under Rule 15(a)(2), Plaintiff could

Plaintiff did not obtain

Because the First Amended Complaint

Plaintiff’s original Complaint states causes of action for

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patent and trademark infringement.

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Procedure 8, a complaint must contain “a short and plain statement

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of the claim showing that the pleader is entitled to relief.”

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R. Civ. P. 8(a)(2).

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recitations of the elements of a cause of action are not

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sufficient.

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Under Federal Rule of Civil

Fed.

Naked assertions, conclusions, or mere

See Ashcroft v. Iqbal, 556 U.S. 662, 677-678 (2009).

The court is not persuaded that Plaintiff’s original Complaint

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meets these requirements.

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certain attached exhibits, no exhibits appear to be attached.

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does the Complaint identify the patent that Plaintiff allegedly

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owns and that Defendants have infringed.

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orders Plaintiff to file a brief showing why this action should not

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be dismissed.

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patents and trademarks at issue and explain Plaintiff’s claim to

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ownership of any such patents or trademarks.

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shall be filed withing 14 days of the date of this Order, and shall

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not to exceed ten pages, not including attached exhibits, such as

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patent or trademark registrations.

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courtesy copy to chambers, Room 244-J, Second Floor, 312 N. Spring

While the Complaint makes reference to
Nor

Accordingly, the court

Plaintiff’s brief must identify the particular

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Plaintiff’s brief

Defendant should also deliver a

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Street, Los Angeles.

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explanatory brief as consent to dismissal of this matter.

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The court will regard any failure to file an

All pending motions are VACATED and all proceedings stayed

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pending Plaintiff’s explanatory filing and until further order of

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this court.

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IT IS SO ORDERED.

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Dated: February 12, 2015
DEAN D. PREGERSON
United States District Judge

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