Meadows v. Atencio et al

Filing 38

ORDER ON MOTION FOR LEAVE TO AMEND. Defendants' response to the proposed amended complaint must be filed within fourteen (14) days of the date of this order. The clerk is hereby directed to revise the response deadline to Plaintiff's Motion for Leave to Amend (Dkt. 31 ) to fourteen (14) days from the date of this Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

DAISY MEADOWS, a/k/a ROY
TROST,
Case No. 1:18-cv-00265-BLW
Plaintiff,
v.

ORDER ON MOTION FOR
LEAVE TO AMEND

HENRY ATENCIO; RONA
SIEGERT; HOWARD YORDY;
WALTER CAMPBELL; MARTIN
ALVISO; SUMMER ELDRIDGE;
DEFENDANT VALLEY; MARC
AIELLO; ADMINISTRATIVE
REVIEW COMMITTEE;
MANAGEMENT TREATMENT
COMMITTEE; DEFEDANT BLAIR;
DEFENDANT SANDERS; SHERIFF
WATSON; DEFENDANT TAYLOR;
DEFENDANT HAUGHN;
JENNIFER TYVAND;
DEFENDANT MARTIN; and
JEREMY CLARK,
Defendants.

Pending before the Court is Plaintiff’s Motion for Leave to Amend her
complaint. (Dkt. 31.) Plaintiff failed to submit the proposed amended complaint at
ORDER - 1

the time she filed her motion to amend. See id. However, after Defendants filed
their response pointing out the procedural shortcoming (Dkt. 32), Plaintiff
subsequently filed the proposed amended complaint. (Dkt. 33.)
Federal Rule of Civil Procedure 15(a)(2) permits a party may amend a
pleading with written consent of the opposing party or leave of court. The Rule
states a court should “freely give leave when justice so requires.” Fed. R. Civ. P.
15(a)(2). District Local Civil Rule 15.1 requires a party who moves to amend a
pleading to “describe the type of proposed amended pleading in the motion” and to
“reproduce the entire pleading as amended.” Loc. Civ. Dist. R. 15.1. The rule
requires also that the party submit the proposed amended pleading at the time of
filing a motion to amend.
Considering Plaintiff’s status as a pro se litigant, and provided the policy of
liberal amendment set in the Federal Rules of Civil Procedure, and to further the
just, speedy, and inexpensive determination of this matter (Fed. R. Civ. P 1), the
Court will consider Plaintiff’s motion for leave to amend, despite the procedural
error in its filing. However, prior to reviewing Plaintiff’s proposed amended
complaint, the Court will permit Defendants to file a response, including any
objections thereto.
Defendants’ response to the proposed amended complaint must be filed
within fourteen (14) days of the date of this order. The Clerk is hereby directed
ORDER - 2

to revise the response deadline to Plaintiff’s Motion for Leave to Amend (Dkt. 31)
to fourteen (14) days from the date of this Order. The Court will take up the motion
without a reply.
IT IS SO ORDERED.
December 09, 2019

ORDER - 3