Williams v Long Canyon Volunteer Fire Department

Filing 13

ORDER signed by Judge Garland E. Burrell, Jr on 5/8/14 ORDERING that Plaintiff's MOTION to AMEND 12 is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LYTLE S. WILLIAMS,

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No. 2:13-cv-02085-GEB-CMK

Plaintiff,
v.

ORDER DENYING MOTION TO AMEND

LONG CANYON VOLUNTEER FIRE
DEPARTMENT, a Colorado
corporation, and DOES 1
through 25, inclusive,
Defendants.

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On April 22, 2014, Plaintiff filed a Motion to Amend

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Complaint to Add New Defendant, in which he states: “Pursuant to

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the Pretrial Scheduling Order issued by this Court on January 15,

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2014, Plaintiff moves this Court for leave to amend the complaint

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to name Kevin L. Yeatts as a Defendant, pursuant to FRCP 15(a).”

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(Pl.’s Mot. 1:18-20, ECF No. 12.)
Federal

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Rule

of

Civil

Procedure

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prescribes,

in

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relevant part: “A request for a court order must be made by

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motion. The motion must: . . .

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grounds for seeking the order . . . .” Fed. R. Civ. P. 7(b)(1)(B)

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(emphasis

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requires leave of court, such as an amended complaint after the

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time to amend as a matter of course has expired,” Local Rule

added).

Further,

when

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state with particularity the

the

“filing

of

a

document

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137(c) requires counsel to “attach the document proposed to be

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filed as an exhibit to [the] moving papers seeking such leave.”

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Plaintiff’s motion does not comply with the referenced

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requirements; therefore, it is DENIED.

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Dated:

May 8, 2014

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