3M Company v. Premium Contractor Solution, LLC

Filing 27

ENTRY AND ORDER STRIKING 19 1st Amended Answer and Third Party Complaint filed by Premium Contractor Solution, LLC, and STRIKING 22 Answer and Second Amended Third Party Complaint filed by Premium Contractor Solution, LLC. Signed by Judge Thomas M. Rose on 2-1-2021. (de)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
3M COMPANY,

:
:
Plaintiff,
:
Case No. 3:20-cv-443
:
v.
:
Judge Thomas M. Rose
:
PREMIUM CONTRACTOR SOLUTION,
:
LLC,
:
:
Defendant.
:
______________________________________________________________________________
ENTRY AND ORDER STRIKING THE [1ST AMENDED] ANSWER AND
THIRD PARTY COMPLAINT (DOC. 19) AND STRIKING THE ANSWER AND
2ND AMENDED THIRD-PARTY COMPLAINT (DOC. 22)
______________________________________________________________________________
On December 14, 2020, Defendant/Third Party Plaintiff Premium Contractor Solution,
LLC (“PCS”) filed an Answer and Third Party Complaint. (Doc. 17.) Twenty-three days later, on
January 6, 2021, PCS filed a [First Amended] Answer and Third Party Complaint. (Doc. 19.)
Twenty-four more days after that, on January 30, 2021, PCS filed an Answer and 2nd Amended
Third-Party Complaint. (Doc. 22.) Federal Rule of Civil Procedure 15(a)(1) provides certain
circumstances in which a party may amend its pleading once as a matter of course. Federal Rule
of Civil Procedure 15(a)(2) provides that, “[i]n all other cases, a party may amend its pleading
only with the opposing party’s written consent or the court’s leave.” The circumstances in Rule
15(a)(1) do not apply here, and PCS never sought leave from this Court to file either of those
amended pleadings (and there is no written consent from the opposing parties). Therefore, the
Court STRIKES the [1st Amended] Answer and Third Party Complaint (Doc. 19) and STRIKES
the Answer and 2nd Amended Third-Party Complaint (Doc. 22). Of course, PCS may file a motion
seeking leave from this Court to amend its Answer and Third Party Complaint (Doc. 17).
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DONE and ORDERED in Dayton, Ohio, this Monday, February 1, 2021.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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