Smith v. The Food Bank of Eastern Michigan

Filing 71

ORDER striking Plaintiff's 70 Motion to Amend/Correct--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TRACEY SMITH,
Plaintiff,
Case No. 2:14-cv-13795
District Judge David M. Lawson
Magistrate Judge Anthony P. Patti

v.

THE FOOD BANK OF EASTERN
MICHIGAN,
Defendant.
___________________________________/
ORDER STRIKING PLAINTIFF’S MOTION TO AMEND (DE 70)
On January 25, 2016, Plaintiff filed a document titled “Amended
Complaint.” (DE 62.) The Court struck that document from the docket because it
was filed outside the requirements of Federal Rule of Civil Procedure 15 and did
not “reproduce the entire pleading as amended” pursuant to Local Rule 15.1. (DE
64.)
The Court held an unrelated telephonic status conference with the parties in
this action on February 3, 2016. During the conference, the Court reiterated to
Plaintiff that, although she is proceeding without the assistance of counsel, she is
obligated to follow the Federal Rules of Civil Procedure, the Local Rules of the

Eastern District of Michigan, and Judge Patti’s practice guidelines. This is the
third time the Court has issued such a warning in this action, having also directed
Plaintiff in this manner at the hearings on October 15, 2015 and December 23,
2015.
On February 3, 2016, after the telephonic conference, Plaintiff filed a
document titled “Motion to Amend Lawsuit Due to Slander.” (DE 70.) In the
motion, Plaintiff again does not attach the entire pleading as amended, as she was
specifically warned against in this Court’s January 27, 2016 order. (DE 64 at 2.)
Although failure to comply with the Local Rule alone is not grounds for denial of
the motion, the Court will once again STRIKE Plaintiff’s motion from the docket
for failure to comply with the Local Rules and the Court’s instructions. Plaintiff is
yet again instructed to refer to the Federal Rules of Civil Procedure, the Local
Rules of the Eastern District of Michigan, and Judge Patti’s practice guidelines
before filing additional motions. Plaintiff is also reminded that no one in the
courthouse can provide her with legal advice, including Judge Patti, his staff,
Clerk’s Office staff, or another party’s attorney.
IT IS SO ORDERED.

Dated: February 5, 2016

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE
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I hereby certify that a copy of the foregoing document was sent to parties of record
on February 5, 2016, electronically and/or by U.S. Mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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