Lewis v. Cricket Wireless, LLC, et al

Filing 46

ORDER that the Plaintiff's motion to amend 36 is granted. Plaintiff shall file a second amended complaint with a corrected caption on or before April 29, 2016. Defendant Kum & Go #361's unopposed motion to dismiss 38 is granted, and Kum & Go #361 is dismissed as a defendant. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JOHNETTE C. LEWIS, Plaintiff, 8:15CV359 vs. ORDER CRICKET WIRELESS, LLC, CRICKET COMMUNICATIONS, INC., KUM & GO #361, RING RING MASTER DEALER LLC, LADARY, INC., PQH WIRELESS, INC., and DOES 1-5, Defendants. Plaintiff motion to amend her complaint to add PQH Wireless, Inc and Ladary, Inc. as Defendants and dismiss Defendant Kum & Go #361. Plaintiff did not attach a copy of the proposed amended complaint for the court to review. (Filing No. 36). The following day, Defendant Kum & Go #361 filing a motion to dismiss, arguing it was not the properly served and is not a proper party. (Filing No. 38). Plaintiff did not respond to Defendant Kum & Go’s motion to dismiss; no defendant responded to Plaintiff’s motion to amend. Plaintiff filed an amended complaint without leave of the court on April 19, 2016. This amended complaint names Kum & Go # 361 in the caption but not in the body of the complaint, and it names Ladary, Inc. and PQH Wireless, Inc. in the body of the complaint but not in the caption. Under the circumstances presented, IT IS ORDERED: 1) Plaintiff’s motion to amend is granted. Plaintiff shall file a second amended complaint with a corrected caption on or before April 29, 2016. 2) Defendant Kum & Go #361’s unopposed motion to dismiss is granted, and Kum & Go #361 is dismissed as a defendant. April 22, 2016. BY THE COURT: s/ Cheryl R. Zwart United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?