Favors v. Chase Bank USA, N.A. et al
ORDER denying without prejudice 9 Motion to Alter/Amend/Supplement Pleadings.The deadline for Favors to submit the pleadings and order of dismissal from the state-court proceedings cited in this Court's April 8, 2021 order to show cause is extended to August 3, 2021. No further extensions will be granted.Signed by Magistrate Judge Tony N. Leung on 6/3/2021. (Written Opinion) (EB)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Case No. 21-cv-650 (SRN/TNL)
Joseph Anthony Favors,
Chase Bank USA, N.A.; Alltran Financial
LP; and ARS National Services,
Plaintiff Joseph Anthony Favors was previously ordered to show cause why this
matter should not be dismissed as precluded by prior state-court litigation brought by
Favors against the same defendants. See ECF No. 7. As part of that order to show cause,
Favors was directed to submit, among other things, all complaints and amended complaints
submitted by Favors in the state-court action and the order of dismissal of the state district
court. Id. at 2. Favors requests additional time in which to submit these materials. See
ECF No. 8 at 7-8. That request will be granted, though Favors is warned that he will not
be provided an extension beyond the 60 days that he requests. Favors must submit the
required state-court documents by August 3, 2021. No further requests for an extension
will be granted.
Favors has also submitted a motion for leave to file an amended complaint. See
ECF No. 9. The request is denied without prejudice for two reasons. First, Local
Rule 15.1(b) of this District requires litigants to submit a copy of the proposed amended
pleading along with any motion to amend the complaint, and Favors has not done so.
Second, Favors may amend his complaint once as a matter of course at this stage of the
proceedings, and therefore leave from the Court is not required for Favors to submit an
amended pleading. See Fed. R. Civ. P. 15(a)(1).
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY ORDERED THAT:
The motion for leave to file an amended complaint of plaintiff Joseph
Anthony Favors [ECF No. 9] is DENIED WITHOUT PREJUDICE.
The deadline for Favors to submit the pleadings and order of dismissal from
the state-court proceedings cited in this Court’s April 8, 2021 order to show
cause is extended to August 3, 2021. No further extensions will be
s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
Favors v. Chase Bank USA, N.A.
Case No. 21-cv-650 (SRN/TNL)
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