Moriarity v. Henriques et al

Filing 29

ORDER STRIKING Plaintiff's Third Amended Complaint 28 , signed by Magistrate Judge Jennifer L. Thurston on 1/29/2013. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA MORIARITY,

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Plaintiff,

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v.
JANALIE HENRIQUES, et al.,
Defendants.

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Case No.: 1:11-cv-01208 - JLT
ORDER STRIKING PLAINTIFF’S THIRD
AMENDED COMPLAINT
(Doc. 28)

Plaintiff Linda Moriarity (“Plaintiff”) filed a Third Amended Complaint on January 24, 2013.

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(Doc. 28). Pursuant to Fed. R. Civ. P. 15(a), a party may amend a pleading once as a matter of course

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within 21 days of service, or if the pleading is one to which a response is required, twenty-one days

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after service of a responsive pleading. “In all other cases, a party may amend its pleading only with

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the opposing party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2).

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In this case, Defendants filed an answer to Plaintiff’s Second Amended Complaint on January

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30, 2012. (Doc. 16). Thus, Plaintiff must obtain Defendant’s consent to file a Third Amended

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Complaint, or seek leave of the Court. See Fed. R. Civ. P. 15(a)(2). Moreover, in the scheduling

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order, the Court explained any requested pleading amendments must be made “either through a

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stipulation or motion to amend.” (Doc. 27 at 2). Nevertheless, Plaintiff has not filed a stipulation

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indicating Defendants consent to the pleading amendment, and has not filed a motion for the Court’s

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consideration with her Third Amended Complaint.
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Because Plaintiff failed to comply with the Federal Rules of Civil Procedure and did not seek

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leave of the Court or obtain Defendants’ consent to file a Third Amended Complaint, the amended

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pleading is STRICKEN.

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IT IS SO ORDERED.
Dated:

January 29, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

9j7khijed

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