Bigi et al v. Wright-Patt Credit Union

Filing 13

DECISION AND ORDER - Plaintiffs' Motion for Leave to File an Amended Complaint and to Stay Defendant's pending Motion to Dismiss until the proposed amended complaint has been responded to by the Defendant (Doc. No. 12) is denied. Under Fed . R. Civ. P. 15, a plaintiff may amend once as a matter of course without court permission before a responsive pleading is served or within twenty-one days after a responsive pleading or motion to dismiss under Fed. R. Civ. P. 12 is served. Defendant 's Motion to Dismiss in this case was served July 22, 2011. Therefore Plaintiffs may file an amended complaint without court permission until August 12, 2011. If Plaintiffs file an amended complaint by that date, the filing will render the pendi ng Motion to Dismiss moot. If Plaintiffs do not file an amended complaint by August 12, 2011, they will require court permission to amend. That permission (or any further amendment) will only be granted if any motion to amend is accompanied by a proposed amended complaint.If Plaintiffs have not filed an amended complaint by August 12, 2011, they must respond to the Motion to Dismiss not later than August 15, 2011. Signed by Magistrate Judge Michael R Merz on 8/9/2011. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
DAVID C. BIGI, et al.,
Plaintiffs,

:

Case No. 3:11-cv-228
District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vs:
WRIGHT-PATT CREDIT UNION, INC.,
Defendant.

DECISION AND ORDER

This case is before the Court on Plaintiffs’ Motion for Leave to File an Amended Complaint
and to Stay Defendant’s pending Motion to Dismiss until the proposed amended complaint has been
responded to by the Defendant (Doc. No. 12).
Under Fed. R. Civ. P. 15, a plaintiff may amend once as a matter of course without court
permission before a responsive pleading is served or within twenty-one days after a responsive
pleading or motion to dismiss under Fed. R. Civ. P. 12 is served. Defendant’s Motion to Dismiss
in this case was served July 22, 2011. Therefore Plaintiffs may file an amended complaint without
court permission until August 12, 2011. If Plaintiffs file an amended complaint by that date, the
filing will render the pending Motion to Dismiss moot.
If Plaintiffs do not file an amended complaint by August 12, 2011, they will require court
permission to amend. That permission (or any further amendment) will only be granted if any
motion to amend is accompanied by a proposed amended complaint.
The instant Motion is denied. If Plaintiffs have not filed an amended complaint by August
12, 2011, they must respond to the Motion to Dismiss not later than August 15, 2011 (See Order,
1

Doc. No. 10).
August 9, 2011.
s/ Michael R. Merz
United States Magistrate Judge

2