Bookhultz v. Sears Authorized Hometown Stores, LLC

Filing 17

MEMORANDUM AND ORDER PROVIDING Plaintiff 21 days to move for leave to amend. Signed by Judge Deborah K. Chasanow on 7/14/2016. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
KEITH BOOKHULTZ
:
v.

:

Civil Action No. DKC 16-2176

:
SEARS AUTHORIZED HOMETOWN
STORES, LLC. t/a Sears

:

MEMORANDUM OPINION AND ORDER
Defendant Sears Authorized Hometown Stores, LLC, has moved
to dismiss the product liability complaint filed by Plaintiff
Keith Bookhultz.

ECF No. 9.

In his response, Plaintiff appears

to acknowledge that the complaint is deficient, but asserts that
he is able to supply the missing information.

ECF No. 14.

Defendant properly points out in reply, ECF No. 16, that post
complaint documents are not to be considered in resolving a Rule
12(b)(6) motion.

If Plaintiff wishes to amend his complaint, he

should do so promptly, by filing a motion for leave to amend,
accompanied
version.
Defendant.

by
He

a

proposed

should

also

amended
attempt

See Local rule 103.6.

complaint
to

obtain

and

a

redlined

the

consent

of

If Plaintiff does not so move

within 21 days, the motion to dismiss will be GRANTED.
SO ORDERED this 14th day of July, 2016.

/s/
DEBORAH K. CHASANOW
United States District Judge