Thomas v. The Home Depot U.S.A., Inc. et al

Filing 67

ORDER denying 66 Motion for leave to amend signed by Magistrate Judge Allison Claire on 5/29/15. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VELDEMETRIC R. THOMAS,

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Plaintiff,

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No. 2:13-cv-02250-TLN-AC

v.

ORDER

HOME DEPOT, U.S.A., INC.,

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Defendant.

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This matter is before the undersigned pursuant to Local Rule 302(c)(21). Presently before

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the court is plaintiff’s self-styled motion to strike her Fourth Amended Complaint (“FAC”) with

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leave to amend. ECF No. 66.
On May 11, 2015, the court dismissed all but one of plaintiff’s claims with instructions to

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file an amended complaint within 30 days. ECF No. 62. On May 18, 2015, plaintiff filed a

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timely FAC. ECF No. 65. However, plaintiff then filed a motion styled as a motion to strike her

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FAC with leave to amend on May 22, 2015. ECF No. 66. The court will construe plaintiff’s

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motion as a motion for leave to amend and deny for failure to attach the proposed amended

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complaint. As the court has reminded plaintiff numerous times, Local Rule 137(c) requires

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plaintiffs filing motions for leave to amend to attach the proposed amended complaint. Plaintiff’s

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motion fails to do so.

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Accordingly, THE COURT HEREBY ORDERS that plaintiff’s motion for leave to

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amend, ECF No. 66, is DENIED.

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DATED: May 29, 2015

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