Borovac v. National Railroad Passenger Corporation et al

Filing 31

ORDER granting motions to Strike 29 and 30 . Plaintiff's amended complaint, (Filing No. 28 ), is stricken. The deadlines for moving to amend pleadings or add parties are extended as follows: For the plaintiff: December 16, 2015.For the defendants: January 6, 2016.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAUL BOROVAC,
Plaintiff,

8:15CV196

vs.
ORDER
NATIONAL RAILROAD PASSENGER
CORPORATION, CONEXIS BENEFITS
ADMINISTRATORS, LP, AND AON
HEWITT, LLC,
Defendants.
Defendants

National

Railroad

Passenger

Corporation

and

Conexis

Benefits

Administrators, LP filed Answers to Plaintiff’s Complaint on August 6, 2015, (Filing No. 8), and
on September 17, 2015, (Filing No. 13), respectively. A final progression order was entered
which set a November 16, 2015 deadline for plaintiff to file any motion to amend his complaint.
(Filing No. 26). Plaintiff filed an amended complaint on November 16, 2015 without first
obtaining leave of the court to so. (Filing No. 28). The defendants have moved to strike the
amended complaint for failure to comply with Rule 15(a). (Filing Nos. 29 & 30). Before the
motions to strike were filed, Plaintiff’s counsel agreed to withdraw the amended complaint and
file a motion if the defendants required him to do so. (Filing No. 29-1).
Accordingly,
IT IS ORDERED:
1)

The Motions to Strike, (Filing Nos. 29 & 30) are granted.

2)

Plaintiff’s amended complaint, (Filing No. 28), is stricken.

3)

The deadlines for moving to amend pleadings or add parties are extended as
follows:
For the plaintiff:

December 16, 2015.

For the defendants:

January 6, 2016.

December 4, 2015.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge