Burningham v. El Pollo Loco

Filing 6

MEMORANDUM DECISION AND ORDER denying 5 Motion to Amend Complaint. Signed by Magistrate Judge Brooke C. Wells on 7/21/2017. (las)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
SAM BURNINGHAM,
Plaintiff,

MEMORANDUM DECISION AND ORDER
DENYING MOTION FOR LEAVE TO
AMEND COMPLAINT

v.
ELPOLLO LOCO, INC. DBA EL POLLO
LOCO #3652,

Case No. 2:17-cv-0430 BCW

Defendant.
Magistrate Judge Brooke Wells
Plaintiff, Sam Burningham, by and through counsel, Michael Studebaker, seeks leave to
amend the Complaint. 1 In support, Plaintiff cites to “Federal Rule of Civil Procedure 15(a)(2),
which states, in relevant part, ‘A party may amend its pleading once as a matter of course…with
the opposing party’s written consent…”” 2 Plaintiff, however, fails to provide any indication that
the opposing party has given written consent. Instead, Plaintiff simply attaches the new
proposed Complaint that names a different Defendant.
Accordingly, the court DENIES the Motion to Amend.

DATED this 21 July 2017.

Brooke C. Wells
United States Magistrate Judge

1

Docket no. 5.

2

Motion p. 1, (quoting Fed. R. Civ. P. 15(a)(2)).