PEARSE-HOCKER v. USA

Filing 16

ORDER granting 14 Motion for Leave to File First Amended ComplaintUpon receipt of this order, plaintiff shall FILE her First Amended Complaint; promptly following the filing of plaintiff's amended complaint, defendant is directed to FILE its Answer. Signed by Judge Lynn J. Bush. (TQ)

In the United States Court of Federal Claims
No. 10-269 C (Filed August 23, 2010) ********************** ANNE PEARSE-HOCKER, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * ********************** ORDER Currently before the court is plaintiff's Consented Motion for Leave to File an Amended Complaint. On August 10, 2010, defendant preemptively filed the government's answer in response to plaintiff's proposed first amended complaint. The Clerk's Office stated that the filing was defective because plaintiff's motion for leave to file its amended complaint was still pending before the court. Therefore, defendant could not file its answer to the first amended complaint. The matter was referred to the undersigned for a ruling to untangle this procedural morass. Accordingly, it is hereby ORDERED that (1) The Clerk's Office is directed to STRIKE defendant's answer (docket no. 15), filed August 10, 2010, from the subject matter's docket as of the date of this order; Plaintiff's motion for leave to file an amended complaint is GRANTED; Plaintiff is directed to FILE her First Amended Complaint upon

(2) (3)

receipt of this order; and (4) Promptly following the filing of plaintiff's amended complaint, defendant is directed to FILE its Answer in this matter.

s/Lynn J. Bush LYNN J. BUSH Judge