Stroud v. Gore et al

Filing 14

ORDER Granting 13 Motion to File Amended Complaint. Plaintiff may file an amended complaint on or before 6/22/2018. Signed by Judge Janis L. Sammartino on 5/24/2018. (All non-registered users served via U.S. Mail Service)(mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WILLIAM RICHARD STROUD, JR.,

Case No.: 18-CV-515-JLS (MDD)

Plaintiff,

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ORDER GRANTING MOTION TO
FILE AMENDED COMPLAINT

v.
SHERIFF WILLIAM D. GORE, et al.,

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(ECF No. 13)

Defendants.

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Presently before the Court is Plaintiff William Richard Stroud Jr.’s Motion for Leave

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to File Amended Complaint, (ECF No. 13). Plaintiff filed his original Complaint on March

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9, 2018. Two defendants moved to dismiss the complaint, (ECF No. 11), on May 18, 2018.

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Plaintiff filed the present Motion on May 21, 2018.

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Pursuant to Federal Rule of Civil Procedure 15, a party may amend his complaint

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once as a matter of course 21 days after service of a responsive pleading. Plaintiff has not

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previously filed an amended complaint and may therefore file one without leave of court.

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Plaintiff’s Motion is GRANTED.

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It is unclear what amendments Plaintiffs seeks to make, and appears that he will only

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name the paramedics who “fail[ed] to administer medical assistance to plaintiff.” (ECF

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No. 13, at 2.) The Court reminds Plaintiff that his Amended Complaint must be complete
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18-CV-515-JLS (MDD)

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by itself without reference to his original pleading. Defendants not named and any claim

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not re-alleged in his Amended Complaint will be considered waived. See Civ. L. R. 15.1;

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Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989)

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(“[A]n amended pleading supersedes the original.”); see also Lacey v. Maricopa Cnty., 693

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F.3d 896, 928 (9th Cir. 2012) (noting that claims dismissed with leave to amend which are

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not re-alleged in an amended pleading may be “considered waived if not repled.”).

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Plaintiff may file an amended complaint on or before June 22, 2018.

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IT IS SO ORDERED.

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Dated: May 24, 2018

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18-CV-515-JLS (MDD)