Tapia v. Schiffman's, Inc. et al

Filing 16

ORDER STRIKING FIRST AMENDED COMPLAINT. Signed by Judge Hamilton on 4/1/2013. (pjhlc1, COURT STAFF) (Filed on 4/1/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUGO TAPIA,
Plaintiff,

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v.

ORDER

SCHIFFMAN’S INC., et al.,

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For the Northern District of California

United States District Court

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No. C 13-0375 PJH

Defendants.
_______________________________/

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Plaintiff Hugo Tapia filed the complaint in this action on January 25, 2013, against

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defendants Schiffman’s Inc., and Shreve & Co., Jewelers, Ltd. Both defendants were

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served on February 8, 2013, and both defendants filed answers to the complaint on

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February 28, 2013. On March 26, 2013, plaintiff filed a first amended complaint (“FAC”).

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Under Federal Rule of Civil Procedure 15(a), a plaintiff may amend the complaint

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once as of right within 21 days after serving it, or within 21 days after service of an answer

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or a motion under Rule 12(b), (e), or (f). Otherwise, the plaintiff must obtain either a written

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stipulation from the defendants or leave of court. Here, the FAC was filed 26 days after

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defendants filed their answers, but plaintiff did not obtain leave of court, and no stipulation

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was filed.

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Because the FAC was not filed in accordance with Rule 15(a), the court orders it
STRICKEN.

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IT IS SO ORDERED.

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Dated: April 1, 2013

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______________________________
PHYLLIS J. HAMILTON
United States District Judge