Stephens v. Fredrickson et al

Filing 63

ORDER by Judge Richard A Jones. Plaintiff's motion to amend (Dkt. 59 ) is DENIED without prejudice to the submission of a revised motion to amend and proposed amended complaint complying with LCR 15. (CL)(cc: pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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09 FRED STEPHENS,
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Plaintiff,
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v.
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TODD FREDRICKSON, et al.,
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Defendants.
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____________________________________ )

LEAD CASE NO. C12-1067-RAJ-MAT

ORDER RE: MOTION TO AMEND

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Plaintiff proceeds pro se in this civil rights action. The Court recently consolidated this

16 lead case, C12-1067, with member case C12-1898. (Dkt. 53.) Now before the Court is
17 plaintiff’s Motion to Amend Consolidated Cause CV-1898-RAJ-MAT. (Dkt. 59.) Having
18 considered the motion, along with the remainder of the record, the Court does hereby find and
19 ORDER as follows:
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(1)

The Court finds plaintiff’s intentions unclear. For example, it appears, but is

21 not entirely clear, that plaintiff seeks to amend only the complaint in member case C12-1898.
22 Also, pursuant to Local Civil Rule 15, a party seeking to amend “must indicate on the proposed

ORDER RE: MOTION TO AMEND
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01 amended pleading how it differs from the pleading that it amends by bracketing or striking
02 through the text to be deleted and underlining or highlighting the text to be added.” LCR 15.
03 Plaintiff does not, either in his motion to amend or in the proposed amended complaint, identify
04 his proposed amendments.

For these reasons, plaintiff’s motion to amend (Dkt. 59) is

05 DENIED without prejudice to the submission of a revised motion to amend and proposed
06 amended complaint complying with LCR 15.
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Further, should plaintiff again seek to amend, he is directed to submit a single

08 consolidated amended complaint governing both lead case C12-1067 and member case
09 C12-1898. These matters were consolidated given their minimal differences. See C12-1898
10 (Dkt. 7). The Court finds that a single operative complaint would be preferable to the current
11 Second Amended Complaint/Complaint currently pending in this action.
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(2)

The Clerk is directed to send a copy of this Order to the parties and to the Hon.

13 Richard A. Jones.
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DATED this 17th day of May, 2013.

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Mary Alice Theiler
United States Magistrate Judge

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ORDER RE: MOTION TO AMEND
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