couarrubias v. Hall County et al

Filing 23

ORDER that plaintiff's "First Amended Complaint" 19 is stricken, without prejudice to plaintiff filing a motion for leave to file a First Amended Complaint in compliance with Fed. R. Civ. P. 15 and NECivR 15.1. Ordered by Magistrate Judge F. A. Gossett. (MKR)

- F G 3 Couarrubias v. Hall County et al

D o c . 23

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ANTONIO COUARRUBIAS, Plaintiff, vs. HALL COUNTY; HALL COUNTY SHERIFF DEPARTMENT; SHERIFF JERRY WATSON, individually and in his official capacity; TROOP COMMANDER CHRIS KOLB, individually and in his official capacity; NEBRASKA STATE PATROL; THE STATE OF NEBRASKA; and JOHN DOES 1-10, individually and in their official capacities, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

8:10-cv-00207-LSC-FG3 ORDER TO STRIKE PLEADING

T h is matter is before the magistrate judge for full pretrial supervision. The Clerk of th e Court advised that plaintiff filed a First Amended Complaint on August 30, 2010. The d e f en d a n ts ' motion for dismissal pursuant to Fed. R. Civ. P. 12(b) is pending before Judge S m ith Camp. U n d e r Fed. R. Civ. P. 15(a), as amended effective December 1, 2009 1 , the plaintiff m a y amend the complaint once as a matter of course within either (1) 21 days after serving it, or (2) 21 days after the defendant answers or serves a motion under Rule 12(b), (3), or (f),

Fed. R. Civ. P. 15(a) now provides: (a) Amendments Before Trial. (1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier. (2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

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Dockets.Justia.com

w h ic h e v er is earlier. Plaintiff filed the original complaint on May 27, 2010, and the first 21 d a y period expired June 17, 2010. Defendants filed their Rule 12(b) motion (#11) on July 2 0 , 2010, and the second 21 day period expired August 10, 2010. In summary, the time for plaintiff to amend his complaint as a matter of course had e x p ire d before August 30, 2010, and the plaintiff did not obtain the opposing party's written c o n se n t or leave of the court to file the First Amended Complaint. Therefore, I T IS ORDERED that plaintiff's "First Amended Complaint" (#19) is stricken, w ith o u t prejudice to plaintiff filing a motion for leave to file a First Amended Complaint in c o m p lia n c e with Fed. R. Civ. P. 15 and NECivR 15.1. D A T E D August 31, 2010. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

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