(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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PETER STROJNIK, SR.,

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No. 2:19-cv-01587-MCE-KJN PS

Plaintiff,

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v.

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ORDER

CAPITOL REGENCY, LLC, et al.,

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(ECF No. 25)

Defendants.

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Presently before the court is plaintiff’s motion to amend his complaint. (ECF No. 25.)

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The motion was not properly noticed for hearing under this court’s local rules, see L.R. 230, but

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given the procedural posture of the case, no motion is actually required for plaintiff to amend the

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complaint at this juncture. The pretrial scheduling order in this case contemplated amendment of

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the pleadings and permitted plaintiff to move to amend by December 31, 2020. (ECF No. 20

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at 2.) In keeping with this deadline, plaintiff filed the instant motion to amend on December 22,

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2020. (ECF No. 25.) This was exactly 20 days after the (then only) defendant, Capitol Regency,

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LLC, had filed its answer to the original complaint on December 2, 2020.1 (ECF No. 23.)

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Under Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, “a party may amend its

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pleading once as a matter of course” within 21 days of service of a responsive pleading, such as

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Defendant originally filed an unsigned answer on November 30, 2020, which the clerk’s office
rejected. (ECF No. 21.)
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an answer. As plaintiff’s motion was filed—along with a copy of plaintiff’s proposed amended

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complaint—within 21 days of defendant Capitol Regency’s answer, and plaintiff has not

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previously amended his complaint, the instant amendment is allowed “as a matter of course” and

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requires no leave of court.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion to amend (ECF No. 25) is DENIED as moot;

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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

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Amended Complaint,
b. add as an additional defendant in this case “Hyatt Hotels Corporation, doing

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business as Hyatt Hotels & Resorts”; and

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c. issue a summons for such additional defendant; and

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3.

Upon the Clerk’s filing of the First Amended Complaint, plaintiff shall timely

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effect service of the First Amended Complaint upon all defendants in accordance

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with Federal Rules of Civil Procedure 4 and 5.

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IT IS SO ORDERED.

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Dated: January 8, 2021

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stro.1587

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