Gutierrez et al v. Smith International, Inc. et al

Filing 48

ORDER re First Amended Complaint by Magistrate Judge Charles S. Miller, Jr. (ZE)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Daniel Gutierrez and Kassandra
Gutierrez,

)
)
)
Plaintiffs,
)
)
vs.
)
)
Smith International, Inc.; Halliburton
)
Energy Services, Inc.; Enerplus Resources )
(USA) Corporation; Decca Consulting, Inc.; )
Ensign United States Drilling, Inc.;
)
Wyoming Casing Service, Inc.; Hal
)
Curlett, individually,
)
)
Defendants.
)

ORDER

Case No. 1-17-cv-02

On November 17, 2017, Plaintiffs filed a First Amended Complaint without proper leave
from the court. (Doc. No 44). Thereafter, Plaintiffs properly moved the court for such leave on
November 21, 2017. (Doc. No. 45). The court granted that motion on November 27, 2017. (Doc.
No. 46). To date, Plaintiffs have not properly refiled their First Amended Complaint. The Plaintiffs
are directed to refile their First Amended Complaint with the court on or before January 12, 2018.1
IT IS SO ORDERED.
Dated this 5th day of January, 2018.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

1

Defendant Halliburton Energy Services, Inc. filed its answer to the improperly filed First Amended
Complaint on January 2, 2018. (Doc. No. 47). Because the complaint to which it was responding was improperly
filed, Halliburton will need to refile its answer to the First Amended Complaint once Plaintiffs have properly filed it.