Federal National Mortgage Association v. Willis et al

Filing 61

ORDER that #46 Motion to Strike Plaintiff's First Amended Complaint is denied. Signed by Magistrate Judge George Foley, Jr on 4/13/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FEDERAL NATIONAL MORTGAGE
ASSOCIATION,

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Plaintiff,
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vs.
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CLARENCE MOSES WILLIS, et al.,
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Defendants.
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__________________________________________)

Case No. 2:15-cv-02366-JCM-GWF
ORDER

This matter is before the Court on Defendant Clarence Moses Willis’ (“Defendant”) Motion

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to Strike Plaintiff’s First Amended Complaint (#46), filed on March 9, 2016. Plaintiff filed a

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Response (#53) on March 28, 2016. Defendant filed a Reply (#59) on April 8, 2016.

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Defendant requests that the Court strike Plaintiff’s First Amended Complaint (#41) as

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untimely. Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure allows a party to amend its

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pleading once as a matter of course “if the pleading is one to which a responsive pleading is

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required, 21 days after service of a responsive pleading or 21 days after service of a motion under

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Rule 12(b), (e), or (f), whichever is earlier.” Moreover, Rule 6(a)(1)(A) of the Federal Rules of

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Civil Procedure provides that when computing any time period described in the Federal Rules, the

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parties are to “exclude the day of the event that triggers the period.”

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Plaintiff filed its original Complaint (#1) on December 10, 2015. Defendant Ernest C.

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Aldridge responded to the Complaint by filing a Motion to Dismiss (#34) on February 3, 2016. The

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parties agree that the filing of the Motion to Dismiss was the triggering event. However, Defendant

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believes that the 21 day time period began on February 3, 2016, which would make February 24,

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2016 the last day for Plaintiff to amend its pleading. Plaintiff disagrees and asserts that the last day

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for it to amend its pleading was February 25, 2016— the day it filed its First Amended Complaint.

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The Court agrees with Plaintiff. Rule 6 of the Federal Rules of Civil Procedure instructs that the

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parties are to exclude the day that triggers the event. Here, the parties were to exclude February 3,

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2016. As such, 21 days from February 4, 2016 was February 25, 2016. Plaintiff’s First Amended

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Complaint was therefore timely filed. Accordingly,

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IT IS HEREBY ORDERED that Defendant Clarence Moses Willis’ Motion to Strike

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Plaintiff’s First Amended Complaint (#46) is denied.

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DATED this 13th day of April, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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