Turner v. Peake

Filing 13

ORDER - IT IS HEREBY ORDERED that plaintiff's [Second] Amended Complaint is STRICKEN from the record of this case. [Doc. 12 ] IT IS FURTHER ORDERED that the Clerk of the Court shall delete Document 12 , plaintiff's [Second] Amended Complaint from the record of this matter. Signed by Honorable Charles A. Shaw on 5/8/09. (KJF, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MELINDA M. TURNER, Plaintiff, v. JAMES B. PEAKE, Secretary, United States Department of Veteran Affairs, Defendant. ) ) ) ) ) ) ) ) ) )

No. 4:08-CV-1910 CAS

ORDER This matter is before the Court on review of the file. On May 6, 2009, plaintiff filed a second amended complaint without leave of Court. Under Federal Rule of Civil Procedure 15, leave of Court is required once a responsive pleading has been filed. As defendant filed an answer to plaintiff's first amended complaint on April 3, 2009, plaintiff now must seek leave of Court to further amend her complaint. Fed. R. Civ. P. 15(a)(2). Because plaintiff's second amended complaint was not properly filed, it will be stricken from the record. Plaintiff's counsel is reminded that when leave to file a document is sought, the document for which leave is required must be submitted as an attachment to the motion for leave, and not filed as a separate document. See Administrative Procedures for Case Management/Electronic Case Filing, Sec. II.B. Accordingly, IT IS HEREBY ORDERED that plaintiff's [Second] Amended Complaint is STRICKEN from the record of this case. [Doc. 12]

IT IS FURTHER ORDERED that the Clerk of the Court shall delete Document 12, plaintiff's [Second] Amended Complaint from the record of this matter.

__________________________________ CHARLES A. SHAW UNITED STATES DISTRICT JUDGE Dated this 8th day of May, 2009.

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