California Dump Truck Owners Association v. Air Resources Board

Filing 11

MEMORANDUM and ORDER granting 8 Motion to Amend the Complaint signed by Judge Morrison C. England, Jr on 4/6/11. (Kaminski, H)

-GGH California Dump Truck Owners Association v. Air Resources Board

Doc. 11

1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 v. 14 AIR RESOURCES BOARD, 15 Defendant. 16 ----oo0oo---17 18 Plaintiff California Dump Truck Owners Association MEMORANDUM AND ORDER CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION, No. 2:11-cv-00384-MCE-GGH UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

19 ("Plaintiff") filed this action against California's Air 20 Resources Board ("ARB") on February 11, 2011. Plaintiff now

21 seeks leave to amend its Complaint to remove the ARB as Defendant 22 and to substitute as Defendants instead two individuals in their 23 official capacities, the ARB's Chairperson, Mary D. Nichols, and 24 its Executive Officer, James Goldstene.1 25 /// 26 27 28 Because oral argument will not be of material assistance, the Court ordered this matter submitted on the briefing. E.D. Cal. Local Rule 230(g). 1
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Dockets.Justia.com

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Federal Rule of Civil Procedure 15(a)(1) provides: A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.

6 Subsection (A) applies to pleadings to which no responsive 7 pleading is allowed. Fed. R. Civ. Pro. 15 advisory committee's

8 notes to 2009 amendments ("[A]mended Rule 15(a)(1) extends from 9 20 to 21 days the period to amend a pleading to which no 10 responsive pleading is allowed."). Subsection (B) thus applies

11 here, and, since no responsive pleading or Rule 12 motion has 12 been filed, Plaintiff may amend its Complaint as of right. 13 Burriola v. Nevada, 2010 WL 4810594 *1 (Nov. 19, 2010) ("No 14 responsive pleading has been filed, therefore, plaintiff may 15 amend his complaint as of right."); see also William W. 16 Schwarzer, et al., Federal Civil Procedure Before Trial, ¶ 8:1403 17 (The Rutter Group 2010) ("[U]nless the right has been terminated 18 earlier for other reasons (i.e., earlier filing of a Rule 12(b) 19 motion), plaintiff may amend the complaint once as a matter `of 20 course' up to 21 days after service of an answer."). 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2

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Plaintiff's Motion for Leave to File First Amended Complaint Plaintiff's First Amended

2 (ECF No. 8) is therefore GRANTED.

3 Complaint, submitted as Exhibit "1" to the current Motion, shall 4 be deemed filed on the date this Order is electronically filed. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 _____________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE IT IS SO ORDERED. Dated: April 6, 2011