Smith v. NCO Financial Systems, Inc.

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/22/2015 STRIKING 13 Second Amended Complaint. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KRISTIANE SMITH,

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Plaintiff,

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No. 2:14-cv-1650 TLN CKD PS

v.

ORDER

NCO FINANCIAL SYSTEMS, INC.,

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Defendant.

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This action was removed to this court on July 14, 2015. On July 16, 2015, plaintiff filed a

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first amended complaint. Defendant thereafter on July 31, 2014 filed an answer. On January 14,

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2015, plaintiff filed a second amended complaint. Under Federal Rule of Civil Procedure 15(a),

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plaintiff may file an amended complaint once as a matter of course. In this case, an answer was

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filed in response to the amended complaint; plaintiff’s current filing is untimely under Federal

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Rule of Civil Procedure 15(a)(1)(B). Because plaintiff has not properly sought leave of court or

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obtained the opposing party’s written consent to file a second amended complaint, the pleading

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will be stricken. See Federal Rule of Civil Procedure 15(a)(2).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s second amended complaint (ECF

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No. 13) is stricken.

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Dated: January 22, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 smith-nco.stk

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