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)

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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)).

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