Barnes v. Commissioner of Social Security Administration

Filing 44

ORDER that Plaintiff's motion to file an amended complaint (ECF No. 34 ) is granted; amended complaint due by 11/3/2018; and Defendant's motion to dismiss (ECF No. 30 ) is denied as moot. Signed by Judge Miranda M. Du on 10/4/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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PATRICIA G. BARNES,

Case No. 3:18-cv-00199-MMD-WGC
Plaintiff,

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ORDER

v.
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NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Defendant.

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Before the Court are Defendant’s motion to dismiss (ECF No. 30) and Plaintiff’s
motion to file an amended complaint (ECF Nos 34, 37).

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Fed. R. Civ. P. 15(a)(2) provides that beyond amendment as a matter of course, “a

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party may amend its pleading only with the opposing party’s written consent or the court’s

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leave. The court should freely give leave when justice so requires.” Here, Defendant has

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informed the Court that she does not oppose Plaintiff’s motion to file an amended

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complaint. (ECF No. 37 at 1.) Further, there is no indication that amendment would not be

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in the interest of justice or would be futile. See, e.g., Foman v. Davis, 371 U.S. 178, 182

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(1962) (providing factors for denying an amendment).

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It is therefore ordered that Plaintiff’s motion to file an amended complaint (ECF No.

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34) is granted. Plaintiff has thirty (30) days from the date of this order to amend the

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complaint, which must be entitled anew “First Amended Complaint.” The First Amended

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Complaint must be a complete document in and of itself and will supersede the original

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complaint in its entirety. Any allegations, parties, or requests for relief from prior papers

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that are not carried forward in the First Amended Complaint will no longer be before the

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Court. Failure to amend the original complaint within the prescribed timeframe may result

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in dismissal of Plaintiff’s lawsuit.
It is further ordered that Defendant’s motion to dismiss (ECF No. 30) is denied as

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moot.
DATED THIS 4th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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