Childs v. Caesars Palace Corp.

Filing 19

ORDER Granting 12 Motion to Amend.Denying as moot 5 Motion to Dismiss, 6 Motion for More Definite Statement, and 18 Motion for Leave to File. Amended Complaint due within 30 days. Signed by Judge Miranda M. Du on 10/28/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9

***

10

DONALD RICHARD CHILDS II,

11

Plaintiff,

ORDER

v.

12
13

Case No. 2:14-cv-01572-MMD-CWH

CAESARS PALACE CORP.,
Defendant.

14
15
16

Before the Court are Defendant Caesars Palace Corp.'s (“Defendant”) motion to

17

dismiss complaint and motion for a more definite statement (dkt. nos. 5, 6) and Plaintiff's

18

motion for leave to amend and motion for permission to present proposed amendments

19

(dkt. nos. 12, 18).

20

Fed. R. Civ. P. 15(a)(1)(B) provides for a party to “amend its pleadings once as a

21

matter of course . . . if the pleading is one to which a responsive pleading is required, 21

22

days after service of the responsive pleading or 21 days after service of a motion under

23

Rule 12(b), (e), or (f), whichever is earlier.” Defendant filed its motion to dismiss under

24

Rule 12(b)(6) and alternative motion for a more definite statement under Rule 12(e) on

25

October 1, 2014. (Dkt. nos. 5, 6.) Plaintiff moved for leave to amend six (6) days later

26

on October 7, 2014. (Dkt. no. 12.) Because Plaintiff's motion falls within the 21-day

27

period for amendment “as a matter of course,” Plaintiff is not required to seek leave of

28

Court.

1

It is therefore ordered that Plaintiff's motion to amend (dkt. no. 12) is granted. It is

2

further ordered that the following motions are denied as moot: (1) Defendant's motion

3

to dismiss (dkt. no. 5); (2) Defendant's motion for a more definite statement (dkt. no. 6);

4

and (3) Plaintiff's motion for permission to present proposed amendments (dkt. no. 18).

5

Plaintiff has thirty (30) days from the date of this Order to file his first amended

6

complaint. The first amended complaint must be a complete document in and of itself,

7

and will supersede the original complaint in its entirety. Any allegations, parties, or

8

requests for relief from prior papers that are not carried forward in the amended

9

complaint will no longer be before the Court. Plaintiff must utilize the Court's civil rights

10

complaint form pursuant to LSR 2-1. Plaintiff may find the Civil Rights Complaint form at

11

(http://www.nvd.uscourts.gov/Files/42.1983%20Civil%20Rights%20Complaint.pdf) and

12

instructions

13

(http://www.nvd.uscourts.gov/files/pro se%20guide.pdf).

on

the

District

of

Nevada

website

for

pro

se

litigants

14
15

DATED THIS 28th day of October 2014.

16
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

17
18
19
20
21
22
23
24
25
26
27
28
2