(PS) Strojnik v. Capitol Regency, LLC

Filing 26

ORDER signed by Magistrate Judge Kendall J. Newman on 1/8/21 DENYING as moot 25 Motion to Amend the Complaint. The Clerk of Court is directed to file pages 39-69 of plaintiff's motion 25 at 39-69) as plaintiff's First Amended Complaint, add as an additional defendant in this case "Hyatt Hotels Corporation, doing business as Hyatt Hotels & Resorts" and issue a summons for such additional defendant. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PETER STROJNIK, SR., 12 No. 2:19-cv-01587-MCE-KJN PS Plaintiff, 13 v. 14 ORDER CAPITOL REGENCY, LLC, et al., 15 (ECF No. 25) Defendants. 16 Presently before the court is plaintiff’s motion to amend his complaint. (ECF No. 25.) 17 18 The motion was not properly noticed for hearing under this court’s local rules, see L.R. 230, but 19 given the procedural posture of the case, no motion is actually required for plaintiff to amend the 20 complaint at this juncture. The pretrial scheduling order in this case contemplated amendment of 21 the pleadings and permitted plaintiff to move to amend by December 31, 2020. (ECF No. 20 22 at 2.) In keeping with this deadline, plaintiff filed the instant motion to amend on December 22, 23 2020. (ECF No. 25.) This was exactly 20 days after the (then only) defendant, Capitol Regency, 24 LLC, had filed its answer to the original complaint on December 2, 2020.1 (ECF No. 23.) 25 Under Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, “a party may amend its 26 pleading once as a matter of course” within 21 days of service of a responsive pleading, such as 27 28 Defendant originally filed an unsigned answer on November 30, 2020, which the clerk’s office rejected. (ECF No. 21.) 1 1 1 an answer. As plaintiff’s motion was filed—along with a copy of plaintiff’s proposed amended 2 complaint—within 21 days of defendant Capitol Regency’s answer, and plaintiff has not 3 previously amended his complaint, the instant amendment is allowed “as a matter of course” and 4 requires no leave of court. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Plaintiff’s motion to amend (ECF No. 25) is DENIED as moot; 7 2. The Clerk of Court is directed to: a. file pages 39-69 of plaintiff’s motion (ECF No. 25 at 39-69) as plaintiff’s First 8 9 Amended Complaint, b. add as an additional defendant in this case “Hyatt Hotels Corporation, doing 10 business as Hyatt Hotels & Resorts”; and 11 12 c. issue a summons for such additional defendant; and 13 3. Upon the Clerk’s filing of the First Amended Complaint, plaintiff shall timely 14 effect service of the First Amended Complaint upon all defendants in accordance 15 with Federal Rules of Civil Procedure 4 and 5. 16 IT IS SO ORDERED. 17 Dated: January 8, 2021 18 19 20 21 stro.1587 22 23 24 25 26 27 28 2

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