Arzuaga v. Quiros et al

Filing 81

ORDER denying without prejudice 72 Motion to Amend/Correct. See attached Order. Signed by Judge Thomas P. Smith on May 16, 2012. (Slitt, M.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

JOSE ARZUAGA
v.

CASE NO.

3:10CV1200(DJS)(TPS)

ANGEL QUIROS, ET AL.
ORDER
The plaintiff seeks leave to amend his Complaint to "clarify
and sufficiently allege" his claims. The Federal Rules of Civil
Procedure provide that plaintiff may amend a complaint once as of
right “within (A) 21 days after serving [the complaint] [] or (B)”
. . . within “21 days after service of a responsive pleading or 21
days after service of a motion” to dismiss, for more definite
statement or to strike, “whichever is earlier.”
Fed. R. Civ. P.
2011.

Rule 15(a)(1),

The defendants filed their Answer on June 28,

Thus, the plaintiff may only file an amended complaint with

the defendants’ consent or the court’s permission.

See Fed. R.

Civ. P. 15(a)(2) (“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.”).
The motion to amend is not accompanied by a proposed amended
complaint.1

1

Thus, the court cannot determine whether justice

Although the plaintiff asserts in the instant motion that he
previously filed a motion to amend, with a proposed amended complaint
attached, in November 2011, there is no record of either of these documents
having been filed with, or received by, the Court.

requires the court to permit the plaintiff to file an amended
complaint at this stage of the litigation.
denied without prejudice.

The motion to amend is

The plaintiff may renew his motion

accompanied by a proposed amended complaint.
Dated at Hartford, Connecticut this

16th

day of May, 2012.

/s/ Thomas P. Smith
THOMAS P. SMITH
UNITED STATES MAGISTRATE JUDGE

2