Smith v. Payne et al

Filing 45

ORDER Striking 44 First Amended Complaint filed by Gwendolyn Smith. Signed by Magistrate Judge Donna M. Ryu on 11/07/2012. (dmrlc1, COURT STAFF) (Filed on 11/7/2012) (Additional attachment(s) added on 11/7/2012: # 1 Certificate/Proof of Service) (ig, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GWENDOLYN SMITH,

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Plaintiff(s),

PAUL PAYNE,

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ORDER STRIKING FIRST AMENDED
COMPLAINT

v.

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Defendant(s).
___________________________________/

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Plaintiffs Gwendolyn Smith and Zeus Harrison Smith filed their Complaint on April 6, 2012.
[Docket No. 1.] Defendants Paul Payne and Halifax California, LLC dba The Press Democrat filed

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their answer on September 17, 2012. [Docket No. 28.] On November 1, 2012, Plaintiffs filed their

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First Amended Complaint. [Docket No. 44.] Pursuant to Federal Rule of Civil Procedure 15, “[a]

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party may amend its pleading once as a matter of course within (A) 21 days after serving it, or (B) if

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the pleading is one to which a responsive pleading is required, 21 days after service of a responsive

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pleading . . . .” Fed. R. Civ. P. 15(a)(1). Once this 21-day period has passed, as is the case here, “a

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party may amend its pleading only with the opposing party’s written consent or the court’s leave.”

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Fed. R. Civ. P. 15(a)(2). There is no indication that Plaintiffs obtained Defendants’ consent, nor did

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the court grant Plaintiffs leave to file a First Amended Complaint. Accordingly, the court hereby

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STRIKES Plaintiffs’ First Amended Complaint.

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DONNA M. RYU
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United States MagistrateaJudge
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O ORD
IT IS S

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Dated: November 7, 2012

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IT IS SO ORDERED.

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S

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UNIT
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For the Northern District of California

United States District Court

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No. C 12-01732 DMR

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