Phillips v. General Motors LLC

Filing 17

ORDER STRIKING 16 First Amended Complaint signed by Magistrate Judge Stanley A. Boone on 9/23/2024. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NICHOLAS FRANCIS PHILLIPS,
Plaintiff,

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Case No. 1:24-cv-00537-JLT-SAB
ORDER STRIKING FIRST AMENDED
COMPLAINT

v.
(ECF No. 16)

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GENERAL MOTORS LLC,
Defendant.

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On April 3, 2024, Plaintiff Nicholas Francis Phillips filed a complaint in this matter

18 alleging violations of the Song-Beverly Consumer Warranty Act. (ECF No. 1-1.) On May 6,
19 2024, Defendant General Motors filed an answer to the complaint in state court and removed this
20 matter to the Eastern District of California. (ECF Nos. 1, 8-1.)

On September 20, 2024,

21 Plaintiff filed a first amended complaint in this matter. (ECF No. 16.)
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Amendment of the complaint is governed by Rule 15 of the Federal Rules of Civil

23 Procedure which provides that a party may amend the party’s pleading once as a matter of course
24 within twenty-one days of serving it or within twenty-one days after a motion to dismiss has
25 been filed. Fed. R. Civ. P. 15(a)(1). Otherwise, a party may amend only by leave of the court or
26 by written consent of the adverse party, and leave shall be freely given when justice so requires.
27 Fed. R. Civ. P. 15(a)(2).
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In this action, Defendant filed an answer to the complaint on May 6, 2024, and Plaintiff

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1 must either get the written consent of the opposing party or seek leave from the Court to file a
2 first amended complaint. Fed. R. Civ. P. 15(a)(2). Further, the scheduling report issued on
3 September 12, 2024, informed the parties,
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Any motions or stipulations requesting leave to amend the pleadings must be filed
by no later than September 20, 2024. The parties are advised that filing motions
and/or stipulations requesting leave to amend the pleadings does not reflect on the
propriety of the amendment or imply good cause to modify the existing schedule,
if necessary. All proposed amendments must (A) be supported by good cause
pursuant to Fed. R. Civ. P. 16(b) if the amendment requires any modification to
the existing schedule, see Johnson v. Mammoth Recreations, Inc., 975 F.2d 604,
609 (9th Cir. 1992), and (B) establish, under Fed. R. Civ. P. 15(a), that such an
amendment is not (1) prejudicial to the opposing party, (2) the product of undue
delay, (3) proposed in bad faith, or (4) futile, see Foman v. Davis, 371 U.S. 178,
182 (1962).

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Plaintiff did not file a written stipulation to amend nor was leave sought from the Court to

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Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ first amended complaint (ECF

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13 No. 16) is stricken from the record.
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IT IS SO ORDERED.

16 Dated:

September 23, 2024
UNITED STATES MAGISTRATE JUDGE

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