Swanger et al v. Warrior Run School District et al

Filing 32

ORDER STRIKING amended complaint 31 from the record & permitting pltfs to file amended complaint w/ consent of defts or by seeking leave of court to file amended complaint. (See order for complete details.) Signed by Honorable Christopher C. Conner on 08/29/11. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ELAINE SWANGER and VICTOR
SWANGER, as parents and legal
guardians of B.J.S. and B.J.S.,

:
:
:
:
Plaintiffs
:
:
v.
:
:
WARRIOR RUN SCHOOL DISTRICT, :
PATRICIA CROSS, DOUGLAS
:
BARENZETTI, TAMMY OSENGA,
:
CYNTHIA DEL GOTTO, and DUANE :
MATTISON
:
:
Defendants
:

CIVIL ACTION NO. 4:11-CV-894
(Judge Conner)

ORDER
AND NOW, this 29th day of August, 2011, upon consideration of the amended
complaint (Doc. 31) filed by plaintiffs on August 25, 2011, and upon further
consideration of the motion to dismiss (Doc. 19) filed by defendants Warrior Run
School District, Patricia Cross, Douglas Barenzetti, Tammy Osenga, and Cynthia
Del Gotto, on July 26, 2011, and the court finding that a party may amend its
pleading once as a matter of course within twenty-one (21) days after service by the
opposing party of a motion filed pursuant to Rule 12(b) of the Federal Rules of Civil
Procedure, see Fed. R. Civ. P. 15(a)(1)(B), and the court further finding 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,” see id. 15(a)(2), and it appearing that the amended
complaint (Doc. 31) was filed more than twenty-one (21) days after the filing of the
motion to dismiss under Rule 12(b), (Doc. 19), and that the plaintiffs have not

obtained the consent of the defendants, nor sought the court’s leave to file the
amended complaint (Doc. 31), it is hereby ORDERED that:
1.

The amended complaint (Doc. 31) is STRICKEN from the record.

2.

Plaintiffs may file an amended complaint with the consent of the
defendants, or may seek leave of court to file an amended complaint.
See FED . R. CIV . P. 15(a).

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge