Oliverio et al v. Nextel West Corp.

Filing 9

ORDER Striking Informal Request for Leave to Amend Complaint Contained Within 6 Response to Motion, filed by Diane Oliverio, Mark S. Oliverio. Signed by District Judge Sean F. Cox. (JMcC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Mark S. Oliverio and Diane Oliverio,
Plaintiffs,
v.

Case No. 13-10296

Nextel West Corporation Sprint /Nextel,

Honorable Sean F. Cox

Defendant.
_________________________________/
ORDER STRIKING
INFORMAL REQUEST FOR LEAVE TO FILE AMENDED COMPLAINT
CONTAINED WITHIN PLAINTIFFS’ RESPONSE BRIEF
Acting through Counsel, Plaintiffs filed suit against Defendant in state court. Defendant
removed the action to this Court, based on diversity jurisdiction. Thereafter, on January 30,
2013, Defendant filed a Motion to Dismiss. (Docket Entry No. 3).
On February 19, 2013, Plaintiffs filed a brief in response to Defendant’s Motion to
Dismiss. (Docket Entry No. 6). In that brief, Plaintiffs state that they wish to amend their
complaint.
At this stage of the litigation, Plaintiffs may amend their complaint “only with the
opposing party’s written consent1 or the court’s leave.” Fed. R. Civ. P. 15(a).
Plaintiffs have not filed a motion seeking leave of this Court to file an amended
complaint. Moreover, pursuant to Local Rule 15.1, a party who seeks leave to file an amended

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Defendant’s Reply Brief indicates that Defendant does not consent to Plaintiffs filing an
amended complaint.
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complaint must attach a copy of the proposed amended complaint to its motion seeking leave to
file an amended complaint.
IT IS ORDERED that the Court hereby STRIKES the informal request to file an
amended complaint that is contained within Plaintiffs’ Response Brief.
IT IS FURTHER ORDERED that, if Plaintiffs wish to file an amended complaint, they
shall file a formal motion seeking leave to file an amended complaint no later April 16, 2013, at
5:00 p.m., and they must attach their proposed amended complaint as an exhibit to such motion.
IT IS FURTHER ORDERED that if Plaintiffs do not file a motion seeking leave to file
an amended complaint by the above date, this Court shall proceed with the hearing on
Defendant’s pending Motion to Dismiss on April 25, 2013, and shall rule based upon the briefs
filed.
IT IS SO ORDERED.
S/Sean F. Cox
Sean F. Cox
United States District Judge
Dated: April 5, 2013
I hereby certify that a copy of the foregoing document was served upon counsel of record on
April 5, 2013, by electronic and/or ordinary mail.
S/Jennifer McCoy
Case Manager

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