Partanen v. Western United States Pipe Band Association

Filing 22

ORDER DISREGARDING 12 Purported Stipulation to Amend Complaint, signed by Magistrate Judge Barbara A. McAuliffe on 06/04/2021. (Maldonado, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ERIC PARTANEN,

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Plaintiff,

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Case No. 1:21-cv-00588-NONE-BAM
ORDER DISREGARDING PURPORTED
STIPULATION TO AMEND COMPLAINT

v.
(Doc. 12)
WESTERN UNITED STATES PIPE
BAND ASSOCIATION,
Defendant.

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On May 27, 2021, Plaintiff John Eric Partanen, proceeding pro se, filed a document titled

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“Stipulation Alowing [sic] the Plaintiff to Amend His Complaint,” (Doc. 12), and a First

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Amended Complaint (Doc. 13.) According to the purported stipulation, Plaintiff obtained the

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“consent of defense council to file the amended complaint on or before May 28, 2021” and

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attached “[a]n email reportedly confirming the stipulation. (Doc. 12 at 1.)

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Federal Rule of Civil Procedure 15(a) provides that a party may amend its pleading once

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as a matter of course within “21 days after serving it,” or if, as here, “the pleading is one to which

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a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after

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service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1).

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No responsive pleading or motion under Rule 12(b), (e), or (f) has been filed. Plaintiff therefore

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is entitled to amend his complaint as a matter of course.

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Insofar as Plaintiff represents that the parties have stipulated to an amendment of the

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complaint, Defendant has not appeared in this action. Further, defense counsel has neither made

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an appearance in this action nor signed the purported stipulation. The Court is unable to consider

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or give effect to any purported stipulation in the absence of signatures from all parties affected by

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the proposed stipulation. Accordingly, the “Stipulation Alowing [sic] the Plaintiff to Amend His

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Complaint” is HEREBY DISREGARDED. The First Amended Complaint remains as filed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 4, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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