Lee v. Yellow Checker Star Transportation Taxi Management et al

Filing 25

ORDER Denying without prejudice 21 Motion to Amend. The Clerk of Court is kindly directed to send Plaintiff a copy of this order. Signed by Magistrate Judge Daniel J. Albregts on 9/23/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
William Alexander Lee,
Plaintiff,
v.

Case No. 2:23-cv-00919-APG-DJA
Order

Yellow Checker Star Transportation Taxi
Management, et al.,

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Defendants.

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Before the Court is Plaintiff’s motion to amend his complaint. (ECF No. 21). Plaintiff

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does not attach a proposed amended complaint as required under Local Rule 15-1(a). While the

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Court previously liberally construed Plaintiff’s motion to amend his complaint as his proposed

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amended complaint, the Court will not do so again here. This is because Plaintiff’s motion to

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amend appears to be an addendum, rather than an amendment, to the complaint on which he is

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proceeding. But an amended complaint must be complete in itself, without refence to any prior

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pleading, because an amended complaint supersedes the original. See Lacey v. Maricopa County,

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693 F.3d 896, 928 (9th Cir. 2012). If the Court were to construe Plaintiff’s motion as his

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amended complaint, that would mean that Plaintiff has abandoned nearly all of his factual

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allegations and has abandoned his Family and Medical Leave Act claim (the one claim on which

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he is currently proceeding).

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IT IS THEREFORE ORDERED that Plaintiff’s motion to amend his complaint (ECF

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No. 21) is denied without prejudice. The Clerk of Court is kindly directed to send Plaintiff a

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copy of this order.

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DATED: September 24, 2024
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE