Ressler et al v. Boeing Company, Inc., The et al

Filing 142

ORDER: re: 137 Amended Complaint filed by Mary Beth Finnegan is STRICKEN, 138 Amended Complaint filed by Joe M. Glasser is STRICKEN, by Magistrate Judge Boyd N. Boland on 1/24/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 10-cv-03050-REB-BNB
(Consolidated with Civil Action Nos. 10-cv-03051-REB-BNB; 11-cv-01832-REB-BNB;
11-cv-01874-REB-BNB; 11-cv-02253-REB-BNB, 11-cv-02894, and 11-cv-02895)
REGINA RESSLER, and
RANDY RESSLER,

Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Plaintiff Mary Beth Finnegan’s Second Amended Complaint Against

Defendant United States of America [Doc. # 137, filed 1/13/2012] (“Finnegan’s Second
Amended Complaint”); and
(2)

Plaintiffs Joe & Arleyne Glasser’s First Amended Complaint Against

Defendant United States of America [Doc. # 138, filed 1/13/2012] (the “Glassers’ Amended
Complaint”).
Mary Beth Finnegan commenced her action by filing a complaint on November 7, 2011.
The case was designated as Civil Action No. 11-cv-02894. Ms. Finnegan filed an amended
complaint on November 9, 2011. Service appears to have been completed on November 14,
2011. The United States has not responded to Ms. Finnegan’s amended complaint.

Joe and Arleyne Glasser commenced their action by filing a complaint on November 7,
2011. The case was designated as Civil Action No. 11-cv-02895. Service appears to have been
completed on November 15, 2011. The United State has not responded to the Glassers’
complaint.
By an Order [Doc. # 123] entered on December 16, 2011, the Finnegan and Glasser
actions were consolidated in this action with other cases arising from the same airplane accident.
Finnegan’s Second Amended Complaint and Glassers’ Amended Complaint were filed
on January 13, 2012, without leave of court and without the written consent of the United States.
Amendment of pleadings is governed by Fed. R. Civ. P. 15(a) which provides in relevant
part:
(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party may amend its
pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is
required, 21 days after service of a responsive pleading or 21 days
after service of a motion under Rule 12(b), (e), or (f), whichever is
earlier.
(2) Other Amendments. In all other cases, a party may amend its
pleading only with the opposing party’s written consent or the
court’s leave. The court should freely give leave when justice so
requires.
Ms. Finnegan and the Glassers may not amend their complaints as a matter of course, no
written consent of the United States has been provided, and leave of court was not obtained.

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IT IS ORDERED:
(1)

Finnegan’s Second Amended Complaint [Doc. # 137] is STRICKEN; and

(2)

The Glassers’ Amended Complaint [Doc. # 138] is STRICKEN.

Dated January 24, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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