Brandon v. Kenner Self Storage LLC et al

Filing 31

ORDERED that plaintiff's 16 Motion for Leave to File Amended Complaint is GRANTED. FURTHER ORDRED that the pending 13 and 14 motions to dismiss are DISMISSED WITHOUT PREJUDICE to defendants' right to re-urge their motions relative to plaintiff's amended complaint. Signed by Judge Lance M Africk on 8/8/2013. (blg)

Brandon v. Kenner Self Storage LLC et al

Doc. 31

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ALFRED E. BRANDON, JR.

CIVIL ACTION

VERSUS

No. 13-818

KENNER SELF STORAGE, LLC ET AL.

SECTION I

ORDER
Pro se plaintiff, Alfred E. Brandon, Jr., has filed a motion1 to amend his complaint.
Defendants oppose the motion, but they cite cases premised on Federal Rule of Civil Procedure
15(a)(2), which applies to plaintiffs who seek leave to amend their complaints after the time period
described in Rule 15(a)(1) has passed.2 Plaintiff’s motion to amend is presumably filed pursuant to
Rule 15(a)(1) because the time period for that subsection had not expired when he filed his
motion.3 See Wright, Miller & Kane, 6 Fed. Prac. & Proc. Civ. § 1482 (3d ed.) (“[I]n most cases,
a party who makes a motion to amend before the period for amendment as of course has expired
does so inadvertently and treating the amendment as if it had been made under Rule 15(a)(1) avoids
penalizing the pleader for not understanding the rule.”). Rule 15(a)(1) provides for amendment “as
a matter of course” and it does not require leave of Court.
Accordingly,
IT IS ORDERED that plaintiff’s motion to amend is GRANTED.

1

R. Doc. No. 26.
E.g., R. Doc. No. 20, at 3.
3
Rule 15(a)(1)(B) permits amendment “as a matter of course . . . 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.” Plaintiff filed his motion to amend on July 2, 2013, exactly 21 days after the first Rule 12(b)
motion was filed. See R. Doc. No. 13; R. Doc. No. 16.
2

Dockets.Justia.com

IT IS FURTHER ORDRED that the pending motions4 to dismiss are DISMISSED
WITHOUT PREJUDICE to defendants’ right to re-urge their motions relative to plaintiff’s
amended complaint.

New Orleans, Louisiana, August 8, 2013.
_____________________________
LANCE M. AFRICK
UNITED STATES DISTRICT JUDGE

4

R. Doc. No. 13; R. Doc. No. 14.