Smith v. Payne et al
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).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER STRIKING FIRST AMENDED
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
their answer on September 17, 2012. [Docket No. 28.] On November 1, 2012, Plaintiffs filed their
First Amended Complaint. [Docket No. 44.] Pursuant to Federal Rule of Civil Procedure 15, “[a]
party may amend its pleading once as a matter of course within (A) 21 days after serving it, or (B) if
the pleading is one to which a responsive pleading is required, 21 days after service of a responsive
pleading . . . .” Fed. R. Civ. P. 15(a)(1). Once this 21-day period has passed, as is the case here, “a
party may amend its pleading only with the opposing party’s written consent or the court’s leave.”
Fed. R. Civ. P. 15(a)(2). There is no indication that Plaintiffs obtained Defendants’ consent, nor did
the court grant Plaintiffs leave to file a First Amended Complaint. Accordingly, the court hereby
STRIKES Plaintiffs’ First Amended Complaint.
DONNA M. RYU
United States MagistrateaJudge
n M. R
IT IS S
Dated: November 7, 2012
IT IS SO ORDERED.
For the Northern District of California
United States District Court
No. C 12-01732 DMR
D IS T IC T O
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