Cribbs v. Accredited Collection Service, Inc. et al

Filing 52

ORDER denying as moot 47 Motion ; granting 49 Motion to Strike the amended complaint 16 . The operative complaint is Filing No. 1; The operative answers are Filing Nos. 10 and 11. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SIMONE CRIBBS,
Plaintiff,

8:15CV313

vs.
ORDER
ACCREDITED COLLECTION SERVICE,
INC., AND BRUMBAUGH &
QUANDAL, P.C.,
Defendants.
Plaintiff has moved to strike affirmative defenses raised by Defendants in response
to Plaintiff’s summary judgment motion, arguing Defendants have not filed an answer to
Plaintiff’s Amended Complaint. (Filing No. 44). Defendants responded by moving for
leave to file amended answers to the amended complaint, (Filing No. 47), and by moving
to strike the amended complaint. (Filing No. 49).

Plaintiff’s initial complaint was filed on August 24, 2016, and Defendants filed
their answers on September 17, 2016. (Filing Nos. 10 and 11). Plaintiff’s amended
complaint was filed on November 19, 2016. (Filing No. 16). Since the filing date of the
amended complaint was more than 21 days after the case was filed, and more than 21
days after Defendants filed their answers, Plaintiff was not permitted to file an amended
complaint without leave of the court. Fed. R. Civ. P. 15(a)(1-2). She never obtained or
requested an order granting leave to file an amended complaint.
Accordingly,
IT IS ORDERED:
1)

Defendants’ motion to strike, (Filing No. 49), is granted. The amended
complaint, (Filing No. 16), is stricken. The operative complaint is Filing
No. 1.

2)

Defendants’ motion for leave to answer the amended complaint, (Filing No.
47), is denied as moot. The operative answers are Filing Nos. 10 and 11.

July 5, 2016.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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