People for the Ethical Treatment of Animals et al v. Whole Foods Market Inc. et al
Filing
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ORDER TO SHOW CAUSE. PETA is ordered to show cause by 12/4/2015, why the Court should accept its second amended complaint. Signed by Judge Nathanael Cousins on 11/30/2015. (lmh, COURT STAFF) (Filed on 11/30/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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PEOPLE FOR THE ETHICAL
TREATMENT OF ANIMALS, et al.,
United States District Court
Northern District of California
Plaintiffs,
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v.
WHOLE FOODS MARKET
CALIFORNIA, INC., et al.,
Defendants.
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ORDER TO SHOW CAUSE
Re: Dkt. No. 20
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Case No. 15-cv-04301 NC
In this consumer class action, PETA filed a second amended complaint on
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November 25, 2015, without requesting leave from the Court or defendant Whole Foods to
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do so. Dkt. No. 20.
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Rule 15(a) provides that “[a] party may amend the party’s pleading once as a matter
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of course at any time before a responsive pleading is served . . . Otherwise a party may
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amend the party’s pleading only by leave of court or by written consent of the adverse
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party; and leave shall be freely given when justice so requires.” Fed.R.Civ.P. 15(a).
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Under this rule, PETA could amend its Complaint only by leave of court or by written
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consent.
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Here, PETA did not file a stipulation or motion for leave to file its second amended
complaint, and the document “therefore has no legal effect.” Ritzer v. Gerovicap Pharm.
Corp., 162 F.R.D. 642, 644 (D. Nev. 1995); Hoover v. Blue Cross & Blue Shield, 855 F.2d
1538, 1544 (11th Cir. 1988) (plaintiff improperly filed amended complaint so amended
Case No.15-cv-04301 NC
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complaint had no legal effect).
Therefore, PETA is ordered to show cause by December 4, 2015, why the Court
should accept its second amended complaint.
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IT IS SO ORDERED.
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Dated: November 30, 2015
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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
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United States District Court
Northern District of California
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Case No.:15-cv-04301 NC
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