Wells v. Kessler Corporation et al

Filing 28

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, on or before January 26, 2018, Plaintiff shall file a new proposed amended complaint in connection with his most recent motion for leave to file an amended complaint (ECF No. 27 ). Failure to compl y will result in the denial of Plaintiffs motion for leave to amend. IT IS FURTHER ORDERED that any opposition to Plaintiffs motion for leave to amend shall be due within seven days after the date on which Plaintiff files his proposed amended comp laint; and Plaintiff shall have seven days thereafter to file any reply. IT IS FURTHER ORDERED that Plaintiffs previously filed motions for leave to amend and supplemental motions are DENIED as moot. ECF Nos. 21 , 22 , 24 & 26 . The Clerk of Co urt shall also strike Plaintiffs previously filed proposed amended complaint (ECF No. 17 ). IT IS FURTHER ORDERED that, other than the new proposed amended complaint and any reply brief in connection with the pending motion for leave to amend (ECF No. 27 ), as set for the above, Plaintiff shall not file any further motion for leave to amend or supplement thereto until the Court rules on the pending motion for leave to amend. Signed by District Judge Audrey G. Fleissig on 01/19/2018. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KERRY S. WELLS,
Plaintiff,
vs.
KESSLER CORPORATION,
CHARLES C. MCCLOSKEY
LINCOLN CORPORATION,
DAVID MARK ALLEN,
PAL G. CONKEY, and
UNKNOWN NAMED DEFENDANTS,
Defendants.

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No. 4:17-cv-02709-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Kerry Wells’s pro se Motion for Leave to
File Second Amended Complaint (ECF No. 27). Plaintiff has not attached a new
proposed amended complaint in connection with this motion. Plaintiff previously filed
four motions and supplements thereto requesting leave to amend (ECF Nos. 21, 22, 24 &
26). Defendant Charles C. McCloskey, the only Defendant who has been served and who
has entered an appearance in this case, has filed an opposition to Plaintiff’s earlier-filed
motions for leave to amend (ECF No. 25).

In his most recent motion, Plaintiff states that

he had previously been misadvised by a paralegal who was assisting him with his legal
filings, and that he is “now sure of his legal footing.” ECF No. 27 at 8.
Accordingly,
IT IS HEREBY ORDERED that, on or before January 26, 2018, Plaintiff shall
file a new proposed amended complaint in connection with his most recent motion for

leave to file an amended complaint (ECF No. 27). Failure to comply will result in the
denial of Plaintiff’s motion for leave to amend.
IT IS FURTHER ORDERED that any opposition to Plaintiff’s motion for leave to
amend shall be due within seven days after the date on which Plaintiff files his proposed
amended complaint; and Plaintiff shall have seven days thereafter to file any reply.
IT IS FURTHER ORDERED that Plaintiff’s previously filed motions for leave to
amend and supplemental motions are DENIED as moot. ECF Nos. 21, 22, 24 & 26.
The Clerk of Court shall also strike Plaintiff’s previously filed proposed amended
complaint (ECF No. 17).
IT IS FURTHER ORDERED that, other than the new proposed amended
complaint and any reply brief in connection with the pending motion for leave to amend
(ECF No. 27), as set for the above, Plaintiff shall not file any further motion for leave to
amend or supplement thereto until the Court rules on the pending motion for leave to
amend.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 19th day of January, 2018.

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