St. Paul Fire & Marine Insurance Company v. American Safety Indemnity Company et al

Filing 58

ORDER. Signed by Judge Hamilton on 7/8/2013. (pjhlc1, COURT STAFF) (Filed on 7/8/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ST. PAUL FIRE AND MARINE
INSURANCE COMPANY,
Plaintiff,

No. C 13-2047 PJH

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For the Northern District of California

United States District Court

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v.

ORDER

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AMERICAN SAFETY INDEMNITY
COMPANY, et al.,

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Defendants.
_______________________________/

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Plaintiff St. Paul Fire and Marine Insurance Company filed this action on May 2,

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2013, against 14 defendants. Plaintiff has filed proofs of service of the summons and

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complaint as to ten of those defendants. On June 4, 2013, two of the defendants filed

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answers to the complaint. On June 12, 2013, a third defendant filed an answer. On June

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14 and 19, 2013, respectively, two defendants filed motions to dismiss. A number of other

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defendants have entered into stipulations with plaintiff extending the time to respond.

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On July 8, 2013, plaintiff filed a first amended complaint (FAC). Under Federal Rule

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of Civil Procedure 15, “[a] party may amend its pleading once as a matter of course” within

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21 days after serving it, or, “if the pleading is one to which a responsive pleading is

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required, 21 days after service of a responsive pleading or 21 days after service of a

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motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. Rule Civ. P. 15(a)(1). “In all

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other cases, a party may amend its pleading only with the opposing party’s written consent

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or the court’s leave.” Fed. R. Civ. P. 15(a)(2).

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Here, three of the defendants filed answers, and one of the defendants filed a Rule

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12(b) motion to dismiss, more than 21 days prior to the date plaintiff filed the FAC.

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Accordingly, plaintiff was not entitled to file an amended complaint on July 8, 2013 “as a

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matter of course,” but rather, was required to first obtain either the agreement of all

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defendants, or leave of court. For this reasons, the FAC is ordered STRICKEN.

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IT IS SO ORDERED.

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Dated: July 8, 2013
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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