Stephens v. Fredrickson et al

Filing 64

ORDER directing parties to file all pleadings in this case. Any pleadings filed in member case C121898-RAJ-MAT will be stricken and returned to the filing party without consideration. A copy of this Order has been mailed to plaintiff today. Signed by Hon. Mary Alice Theiler. (GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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08 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 consolidated this lead

15 case, C12-1067, with member case C12-1898. (Dkt. 53.) Now before the Court is a motion
16 to file amended complaint filed only in member case C12-1898. See C12-1898 (Dkt. 22).
17 Having considered the motion, along with the remainder of the record, the Court does hereby
18 find and ORDER as follows:
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(1)

In an Order dated May 17, 2013, the Court denied what appeared to be a motion

20 to amend the complaint solely in member case C12-1898. (Dkt. 63.) The motion to amend
21 was denied without prejudice to the submission of a revised motion to amend and proposed
22 amended complaint complying with LCR 15 (a party seeking to amend “must indicate on the

ORDER RE: MOTION TO AMEND
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01 proposed amended pleading how it differs from the pleading that it amends by bracketing or
02 striking through the text to be deleted and underlining or highlighting the text to be added.”)
03 The Court also stated that “should plaintiff again seek to amend, he is directed to submit a
04 single consolidated amended complaint governing both lead case C12-1067 and member case
05 C12-1898.” (Dkt. 63 at 2.) In contravention of that directive, plaintiff’s current motion states
06 that the proposed amended complaint “does NOT apply or affect CV12-1067.” C12-1898
07 (Dkt. 22). As the motion and proposed amended complaint filed in C12-1898 (Dkt. 22) fails to
08 comply with the Court’s Order, the motion to amend is DENIED.
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Again, if plaintiff seeks to amend, he must submit a single consolidated amended

10 complaint governing both lead case C12-1067 and member case C12-1898. Any motion and
11 proposed amended complaint failing to comply with this directive will be stricken from the
12 docket and returned to plaintiff. It is further ORDERED that the parties may not file any
13 documents in member case C12-1898. All submissions to the Court must be filed in lead
14 case C12-1067. Any documents submitted in member case C12-1898 will be returned to the
15 filing party.
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(2)

The Clerk is directed to file this Order in the lead case, C12-1067, and member

17 case, C12-1898. The Clerk is further directed to send a copy of this Order to the parties and to
18 the Hon. Richard A. Jones.
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DATED this 10th day of July, 2013.

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Mary Alice Theiler
United States Magistrate Judge

ORDER RE: MOTION TO AMEND
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