Zimmerman v. Smith's Food & Drug Centers, Inc.

Filing 29

ORDER that the Clerk of the Court shall strike Plaintiff's 27 Amended Complaint without prejudice to Plaintiff filing an Amended Complaint with leave of court. Signed by Magistrate Judge George Foley, Jr on 11/6/17. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 KEVIN ZIMMERMAN, ) ) Plaintiff, ) ) vs. ) ) SMITH’S FOOD & DRUG CENTERS, INC., ) ) Defendant. ) __________________________________________) Case No. 2:17-cv-00974-GMN-GWF ORDER 12 13 On October 30, 2017, Plaintiff filed his motion for leave to file an amended complaint with 14 his proposed amended complaint attached. ECF No. 26. On October 30, 2017, Plaintiff also filed 15 his amended complaint. ECF No. 27. 16 LR 7-2(g) states that “[a] party may not file supplemental pleadings, briefs, authorities, or 17 evidence without leave of court granted for good cause. The judge may strike supplemental filings 18 made without leave of court.” Plaintiff’s amended complaint is not a pleading pursuant to Fed. R. 19 Civ. P. 7(a) and was not filed with leave of court pursuant to Fed. R. Civ. P. 15. Therefore, 20 Plaintiff’s amended complaint (ECF No. 27) must be striken as a fugitive document. Accordingly, 21 IT IS HEREBY ORDERED that the Clerk of the Court shall strike Plaintiff’s amended 22 complaint (ECF No. 27) without prejudice to Plaintiff filing an amended complaint with leave of 23 court. 24 DATED this 6th day of November, 2017. 25 26 27 28 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge

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