Perry v. Cashcall, Inc. et al

Filing 15

ORDER DENYING 14 Plaintiff's "Motion to Adjoin PFSA to this Action." Signed by Magistrate Judge Laurel Beeler on 7/17/2013. (Attachments: # 1 Exhibit)(lblc2, COURT STAFF) (Filed on 7/18/2013) (Additional attachment(s) added on 7/18/2013: # 2 Certificate/Proof of Service) (ls, COURT STAFF).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
EDGAR PERRY,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

No. C 13-02369 LB
Plaintiff,

v.
13

ORDER DENYING PLAINTIFF’S
“MOTION TO ADJOIN PFSA TO
THIS ACTION”

CASHCALL, INC, et al.,
14
15
16

[Re: ECF No. 14]
Defendants.
_____________________________________/
Plaintiff Edgar Perry, who is proceeding pro se, filed a complaint against defendants CashCall,

17

Inc. and the United States Consumer Financial Protection Agency. Complaint, ECF No. 1. The

18

court granted Mr. Perry’s application to proceed in forma pauperis, so presumably both defendants

19

have been served. IFP Order, ECF No. 5. CashCall, Inc. filed a motion to dismiss the complaint,

20

which is currently pending. Motion to Dismiss, ECF No. 11.

21

On July 10, 2013, Mr. Perry filed a “Motion to Adjoin PFSA to this Action.” Motion, ECF No.

22

14. Mr. Perry states that the “PFSA” is Portuguese Fraternal Society of America. Id. at 1. He asks

23

that the court allow him “to introduce into evidence” certain correspondence he apparently mailed to

24

the PFSA. Id.

25

The court construes Mr. Perry’s motion as one to file an amended complaint to add new

26

allegations. Federal Rule of Civil Procedure 15 sets forth the standard for amending a complaint.

27

Rule 15(a), which relates to amendments before trial, provides:

28

(a) Amendments Before Trial.

C 13-02369 LB
ORDER

1
(1) Amending as a Matter of Course. A party may amend its pleading once as a
matter of course within:

2
3

(A) 21 days after serving it, or

4

(B) if the pleading is one to which a responsive pleading is required, 21 days
after service of a responsive pleading or 21 days after service of a motion
under Rule 12(b), (e), or (f), whichever is earlier.

5
6

(2) Other Amendments. In all other cases, a party may amend its pleading only
with the opposing party's written consent or the court's leave. The court should
freely give leave when justice so requires.

7

(3) Time to Respond. Unless the court orders otherwise, any required response to
an amended pleading must be made within the time remaining to respond to the
original pleading or within 14 days after service of the amended pleading,
whichever is later.

8
9
10

Mr. Perry’s motion is DENIED without prejudice. If Mr. Perry wishes to file a First Amended

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

Complaint (or a motion for leave to file a First Amended Complaint) that adds new allegations

13

relating to certain correspondence he apparently mailed to the PFSA, he must comply with Rule 15.

14

The court urges Mr. Perry to review the court’s handbook for pro se litigations, Representing

15

Yourself in Federal Court: A Handbook for Pro Se Litigants, which is attached to this order, and to

16

make an appointment with JDC Legal Help Center (tel: [phone]), which is located at the

17

United States Courthouse, 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco,

18

California, 94102, to receive assistance on this matter.

19
20

IT IS SO ORDERED.
Dated: July 17, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

21
22
23
24
25
26
27
28

C 13-02369 LB
ORDER

2