Barbieri v. Timeshare Liquidators LLC et al

Filing 50

ORDER Granting 47 , 49 Motions to Strike Unauthorized 46 , 48 Amended Complaints. Signed by Judge Jennifer A. Dorsey on 5/27/2020. (Copies have been distributed pursuant to the NEF - MR)

Case 2:18-cv-00355-JAD-EJY Document 50 Filed 05/27/20 Page 1 of 1

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 Anthony Ruben Aldo Barbieri,
4

Case No.: 2:18-cv-00355-JAD-EJY

Plaintiff

5 v.

Order Granting Motions to Strike
Unauthorized Amended Complaints

6 Timeshare Liquidators, LLC; Stan Mullis,
[ECF Nos. 47, 49]
7

Defendant
Nearly a month after defendants filed a motion to dismiss,1 pro se plaintiff Anthony

8

9 Ruben Aldo Barbieri filed first and second amended complaints without leave of court. 2
10 Defendants move to strike those amended complaints as fugitive documents. 3 Good cause
11 appearing, and because those amended complaints were filed more than 21 days after service of
12 defendants’ motion to dismiss and without first obtaining the court’s permission, 4 IT IS
13 HEREBY ORDERED that the motions to strike the amended complaints [ECF No. 47, 49] are
14 GRANTED. Plaintiff’s First and Second Amended Complaints [ECF Nos. 46, 48] are
15 HEREBY STRUCK. If plaintiff desires to amend his complaint, he must file a proper motion
16 to amend with points and authorities, attaching a copy of the proposed amended complaint.
17

Dated: May 27, 2020

18

_________________________________
U.S. District Judge Jennifer A. Dorsey

19
20
21

23

ECF No. 36.

2

ECF Nos. 46, 48.

3

22

1

ECF Nos. 47, 49.

4

See Fed. R. Civ. P. 15 (a)(1)(B) (setting 21-day deadline to amend without court permission
after motion to dismiss is filed).