Umney v. Community Financial Members Federal Credit Union

Filing 32

ORDER Striking Plaintiff's Untimely Reply 29 and Improper MOTION to Amend/Correct Complaint 30 . Signed by Magistrate Judge Elizabeth A. Stafford. (MarW)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTICT OF MICHIGAN
SOUTHERN DIVISION
REX ALLEN UMNEY,
Plaintiffs,
v.

Civil Action No.: 14-13328
Honorable Matthew F. Leitman
Magistrate Judge Elizabeth A. Stafford

COMMUNITY FINANCIAL
CREDIT UNION, COMMUNITY
FINANCIAL MEMBERS FEDERAL
CREDIT UNION,
Defendants.
__________________________________/
ORDER STRIKING PLAINTIFF’S UNTIMELY REPLY
AND IMPROPER MOTION TO AMEND COMPLAINT [R. 29, 30]
On March 18, 2015, plaintiff Rex Umney, proceeding pro se, filed a
motion for preliminary injunction. [R. 18]. Pursuant to the local rules of this
District, Defendants’ response was due 21 days later, therefore by April 11,
2015 (taking into account Federal Rule of Civil Procedure 6(d)’s three-day
extension for mailing), and Umney’s reply was due fourteen days after that,
therefore by April 28, 2015. E.D. Mich. Local Rule 7.1(e)(1)(B)-(C). Umney
filed his reply on May 18, 2015, without requesting leave to extend the time
for filing. [R. 29]. As such, the Court STRIKES Umney’s out-of-time reply.
[R. 29].
The Court further strikes Umney’s motion to amend, filed on the same

day. [R. 30]. Local Rule 15.1 requires a party moving to amend his
complaint to “attach the proposed amended pleading to the motion.” E.D.
Mich. Local Rule 15.1. Umney has not complied with this rule. Nor can the
Court glean what amendments he proposes to make; his motion simply
states that after receiving “a voluntary packet of discovery information from
Defendant, [Umney] has found several documents that will allow for a more
concise pleading of this case.” [R. 30, PgID 177]. He attaches these
documents to his motion without citing their relevance to his unspecified
proposed amendments. [Id., PgID 180-228]. Thus, Umney has failed to
comply with the local rules and his motion to amend [R. 30] is STRICKEN.

IT IS SO ORDERED.
Dated: May 19, 2015
Detroit, Michigan

s/Elizabeth A. Stafford
ELIZABETH A. STAFFORD
United States Magistrate Judge

NOTICE TO THE PARTIES REGARDING OBJECTIONS
The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which
provides a period of fourteen (14) days from the date of receipt of a copy of
this order within which to file objections for consideration by the district
judge under 28 U.S. C. §636(b)(1).

CERTIFICATE OF SERVICE
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The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s ECF
System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on May 19, 2015.
s/Marlena Williams
MARLENA WILLIAMS
Case Manager

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