People for the Ethical Treatment of Animals et al v. Whole Foods Market Inc. et al

Filing 21

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, et al., United States District Court Northern District of California Plaintiffs, 12 v. WHOLE FOODS MARKET CALIFORNIA, INC., et al., Defendants. 15 16 ORDER TO SHOW CAUSE Re: Dkt. No. 20 13 14 Case No. 15-cv-04301 NC In this consumer class action, PETA filed a second amended complaint on 17 November 25, 2015, without requesting leave from the Court or defendant Whole Foods to 18 do so. Dkt. No. 20. 19 Rule 15(a) provides that “[a] party may amend the party’s pleading once as a matter 20 of course at any time before a responsive pleading is served . . . Otherwise a party may 21 amend the party’s pleading only by leave of court or by written consent of the adverse 22 party; and leave shall be freely given when justice so requires.” Fed.R.Civ.P. 15(a). 23 Under this rule, PETA could amend its Complaint only by leave of court or by written 24 consent. 25 26 27 28 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 1 2 3 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. 4 5 IT IS SO ORDERED. 6 7 Dated: November 30, 2015 8 _____________________________________ NATHANAEL M. COUSINS United States Magistrate Judge 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.:15-cv-04301 NC 2

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