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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN ERIC PARTANEN, 12 Plaintiff, 13 14 15 16 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. 17 18 19 On May 27, 2021, Plaintiff John Eric Partanen, proceeding pro se, filed a document titled 20 “Stipulation Alowing [sic] the Plaintiff to Amend His Complaint,” (Doc. 12), and a First 21 Amended Complaint (Doc. 13.) According to the purported stipulation, Plaintiff obtained the 22 “consent of defense council to file the amended complaint on or before May 28, 2021” and 23 attached “[a]n email reportedly confirming the stipulation. (Doc. 12 at 1.) 24 Federal Rule of Civil Procedure 15(a) provides that a party may amend its pleading once 25 as a matter of course within “21 days after serving it,” or if, as here, “the pleading is one to which 26 a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after 27 service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1). 28 1 1 No responsive pleading or motion under Rule 12(b), (e), or (f) has been filed. Plaintiff therefore 2 is entitled to amend his complaint as a matter of course. 3 Insofar as Plaintiff represents that the parties have stipulated to an amendment of the 4 complaint, Defendant has not appeared in this action. Further, defense counsel has neither made 5 an appearance in this action nor signed the purported stipulation. The Court is unable to consider 6 or give effect to any purported stipulation in the absence of signatures from all parties affected by 7 the proposed stipulation. Accordingly, the “Stipulation Alowing [sic] the Plaintiff to Amend His 8 Complaint” is HEREBY DISREGARDED. The First Amended Complaint remains as filed. 9 10 11 IT IS SO ORDERED. Dated: /s/ Barbara June 4, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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