Grant v. United States of America, et al
Filing
67
ORDER signed by Magistrate Judge Kendall J. Newman on 10/19/11 ORDERING that the November 17, 2011 hearing on plaintiff's motion to strike is VACATED,and this matter is submitted without a hearing. Plaintiff's motion to strike defendants' 65 Amended Answer is DENIED. (Kastilahn, A)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
MARK A. GRANT,
11
12
13
Plaintiff,
No. 2:11-cv-00360 LKK KJN PS
v.
UNITED STATES OF AMERICA,
et al.,
14
Defendants.
15
ORDER
/
16
Presently before the court is plaintiff’s motion to strike defendants’ Amended
17
Answer to plaintiff’s First Amended Complaint.1 Because oral argument would not materially
18
aid the resolution of the pending motion, this matter is submitted on the briefs and record without
19
a hearing. See Fed. R. Civ. P. 78(b); E. Dist. Local Rule 230(g). The undersigned has
20
considered the briefs and appropriate portions of the record in this case and, for the reasons stated
21
below, denies plaintiff’s motion to strike.
22
Plaintiff filed his First Amended Complaint on July 21, 2011 (Dkt. No. 56), which
23
was deemed appropriately filed by stipulation of the parties (Dkt. No. 55). On September 8,
24
2011, defendants filed an answer to plaintiff’s First Amended Complaint (Dkt. No. 57).
25
1
26
This case proceeds before the undersigned pursuant to Eastern District of California Local
Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
1
1
However, on September 29, 2011, defendants filed an Amended Answer to the First Amended
2
Complaint (Dkt. No. 59).
On September 29, 2011, plaintiff filed a motion to strike defendants’ original
3
4
answer to the First Amended Complaint (Dkt. No. 62), which the court subsequently denied as
5
moot because defendants had filed their Amended Answer (see Order, Oct. 11, 2011, Dkt.
6
No. 64). In the court’s order denying plaintiff’s first motion to strike, the court found that
7
defendants had timely filed their Amended Answer as a matter of course pursuant to Federal
8
Rule of Civil Procedure 15(a)(1)(A). (Id. at 1-2.)
9
Nevertheless, on October 11, 2011, plaintiff filed a motion to strike the Amended
10
Answer as untimely filed and filed without plaintiff’s consent (Dkt. No. 65). Defendants filed a
11
written opposition on October 12, 2011, correctly noting that the court has already determined
12
that defendants had appropriately filed their Amended Answer (Dkt. No. 66). The undersigned
13
denies plaintiff’s motion to strike the Amended Answer because, as the court previously found,
14
defendants timely filed their Amended Answer as a matter of course, and that filing did not
15
require plaintiff’s consent. See Fed. R. Civ. P. 15(a)(1)(A) (providing that a party may amend its
16
pleading once as a matter of course within 21 days after serving it).
17
Accordingly, IT IS HEREBY ORDERED that:
18
1.
19
and this matter is submitted without a hearing.
20
21
22
23
24
25
The November 17, 2011 hearing on plaintiff’s motion to strike is vacated
2.
Plaintiff’s motion to strike defendants’ Amended Answer (Dkt. No. 65) is
denied.
IT IS SO ORDERED.
DATED: October 19, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?