Olteanu v. Schneider et al

Filing 40

ORDER. IT IS THEREFORE ORDERED that Plaintiff shall have until 12/23/2024 to file a complete amended complaint. IT IS FURTHER ORDERED that Plaintiff's motions to join additional defendants, to join the Estate of Mark Porcelli, and for e xecution of writ of mandamus and enforcement of interim payment due (ECF Nos. 35 , 37 , and 38 ) are denied. Signed by Magistrate Judge Daniel J. Albregts on 11/21/2024. (no image attached) (Copies have been distributed pursuant to the NEF - MAM) Modified on 11/22/2024 copy of order mailed USPS to Plaintiff (WJ).

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4
5
6
7
8
9
10

***
Andreea Melissa Olteanu,
Plaintiff,
v.

Case No. 2:23-cv-02006-RFB-DJA
Order

Louis Schneider, et al.,
Defendants.

11

Under 28 U.S.C. § 1915 Plaintiff is proceeding in this action pro se and in forma

12

pauperis. On September 27, 2024, the Court gave Plaintiff until October 28, 2024, to file an

13

amended complaint. (ECF No. 17). Plaintiff filed an amended complaint on October 11, 2024.

14

(ECF No. 20). She filed another, slightly different amended complaint that same day. (ECF No.

15

21). On October 17, 2024, she filed exhibits to her amended complaints. (ECF No. 24). On

16

October 21, 2024, she filed more exhibits to her amended complaints. (ECF No. 25). On

17

October 25, 2024, she filed an addendum to her amended complaints. (ECF No. 26). On

18

November 8, 2024, she moved to join additional Defendants. (ECF No. 35). On November 13,

19

2024, she moved to join the Estate of Mark Porcelli—for which Estate she claims she is the

20

executrix—as a party. (ECF No. 37). She also filed an “emergency motion for execution of writ

21

of mandamus and enforcement of interim payment due.” (ECF No. 38).

22

A complaint must be complete in and of itself, without references to prior complaints. See

23

Festa v. NDOC, No. 2:17-cv-00850-APG-NJK, 2018 WL 3715708, at *1 (D. Nev. Aug. 3, 2018).

24

This is because an amended complaint supersedes (replaces) an original complaint. See id. (citing

25

Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989)).

26

Plaintiff attempts to bring her claims and add parties through various filings and motions. But the

27

Court will not piecemeal documents together to determine whether Plaintiff states a colorable

28

claim in her complaint. Therefore, the Court will not screen Plaintiff’s amended complaints,

1

exhibits, and addendum and will deny her motions to join additional Defendants and to join the

2

estate of Mark Porcelli. The Court will give Plaintiff one more opportunity to submit a complete

3

amended complaint. Plaintiff’s complaint must contain all defendants; all factual allegations that

4

Plaintiff wishes to include in this lawsuit; and if Plaintiff brings the action as executrix of the

5

Estate of Mark Porcelli, the legal basis for her to do so. Plaintiff is not required to file exhibits

6

with her amended complaint, but if she does, they must be filed with the amended complaint.

7

The Court also denies Plaintiff’s “emergency motion for execution of writ of mandamus

8

and enforcement of interim payment due.” (ECF No. 37). As the Honorable District Judge

9

Richard F. Boulware explained in his order denying Plaintiff’s previously-filed requests for writ

10

of mandamus, “[b]ecause there is no operative complaint, the Court cannot consider [Plaintiff’s]

11

submissions seeking mandamus.” (ECF No. 39). Plaintiff’s remaining requests—that the Court

12

sanction the Defendants, to include the Estate of Mark Porcelli as a co-plaintiff, for the Court to

13

permit a class action, for a temporary restraining order, for a preliminary injunction, for

14

declaratory judgment, for damages, and for an investigation—have either already been addressed

15

by the Court (ECF No. 39), are more appropriately brought in an amended pleading, or are not

16

supported by any legitimate legal basis.

17
18

IT IS THEREFORE ORDERED that Plaintiff shall have until December 23, 2024 to

19

file a complete amended complaint. Failure to timely comply with this order will result in the

20

recommended dismissal of this case. The Clerk of Court is kindly directed to send Plaintiff a

21

copy of this order.

22

IT IS FURTHER ORDERED that Plaintiff’s motions to join additional defendants, to

23

join the Estate of Mark Porcelli, and for execution of writ of mandamus and enforcement of

24

interim payment due (ECF Nos. 35, 37, and 38) are denied.

25
26
27
28

DATED: November 21, 2024
DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
Page 2 of 2