Nemcik v. Mills et al

Filing 16

ORDER GRANTING 14 PLAINTIFF'S MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT. Signed by Judge Beth Labson Freeman on 3/21/2016. (blflc3S, COURT STAFF) (Filed on 3/21/2016)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
7

TANYA NEMCIK,

Case No. 16-cv-00322-BLF

Plaintiff,
8
v.

ORDER GRANTING PLAINTIFF'S
MOTION FOR LEAVE TO FILE A
FIRST AMENDED COMPLAINT

9
10

MILLS, et al.,
Defendants.

[Re: ECF 14]

United States District Court
Northern District of California

11
12
13

Before the Court is Plaintiff’s motion for leave to file a first amended complaint. ECF 14.

14

Under Fed. R. Civ. P. 15(a)(1)(A), a party may amend its pleading once as a matter of course

15

within 21 days after serving it. Since Plaintiff meets the requirements to amend her pleading as of

16

course, it is not necessary for Plaintiff to file a motion for leave to file an amended complaint.

17

For clarity, the Court GRANTS Plaintiff’s motion for leave to amend the complaint. The

18

Court ORDERS the Clerk of the Court to file the amended complaint included with Plaintiff’s

19

motion for leave to amend the complaint at Docket 15 as Plaintiff’s First Amended Complaint.

20

Pursuant to the Order Granting Plaintiff’s Application to Proceed IFP at Docket 9, the U.S.

21

Marshal for the Northern District of California shall serve, without prepayment of fees, a copy of

22

the complaint, any amendments or attachments, Plaintiff’s affidavit and this order upon

23

Defendant(s).

24
25
26
27
28

IT IS SO ORDERED.
Dated: March 21, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge