Alahverdian v. Grebinski et al

Filing 17

ORDER STRIKING "FIRST AMENDED COMPLAINT" signed by Magistrate Judge Michael R Merz on 11/4/2013. (kpf1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
NICHOLAS ALAHVERDIAN,
:
Plaintiff,

Case No. 3:13-cv-132
:

District Judge Thomas M. Rose
Magistrate Judge Michael R. Merz

-vsSTATE OF OHIO, et al.,
:
Defendants.

ORDER STRIKING “FIRST AMENDED COMPLAINT”
On October 21, 2013, the Court ordered Plaintiff to file an amended complaint not later
than November 1, 2013, in lieu of ordering a definite statement as Defendants had requested
(Doc. No. 14, PageID 123).
On November 1, 2013, Plaintiff, now represented by counsel, filed a document captioned
“Second Amended Complaint,” even though no prior amended complaint had been filed (Doc.
No. 15). Then, on November 4, 2013, Plaintiff through counsel filed what is captioned “First
Amended Complaint” (Doc. No. 16).
Fed. R. Civ. P. 15(a)(1) allows one amendment of a complaint as a matter of course
within twenty-one days after it has been served or twenty-one days after service of a responsive
pleading or a motion under Fed. R. Civ. P. 12(b), (e), or (f), whichever is earlier. The “Second
Amended Complaint” was not filed within the time allowed by Fed. R. Civ. P. 15(a)(1), but
rather within the time allowed by the Court in its Order of October 21, 2013. Although it is
mislabeled, the “Second Amended Complaint” was properly filed.

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However, Plaintiff neither sought nor obtained court permission or written consent of
opposing counsel to file the “First Amended Complaint”, which is hereby STRICKEN.
November 4, 2013.
s/ Michael R. Merz
United States Magistrate Judge

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