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)

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