Northwest Administrators Inc v. M & M Builders Supply, Inc.

Filing 10

ORDER by Judge Richard A Jones. The court directs the clerk to VACATE the January 25 entry of default. The court GRANTS Plaintiff's motion to amend (Dkt. # 8 ), and directs Plaintiff to file its amended complaint within 7 days of this order. (CL)

HONORABLE RICHARD A. JONES

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

NORTHWEST ADMINISTRATORS, INC.,
Plaintiff,

10
11

CASE NO. C12-2057RAJ
v.
ORDER

12

M & M BUILDERS SUPPLY, INC.,

13

Defendant.

14

This matter comes before the court on Plaintiff’s motion to amend its complaint.

15

Defendant has never appeared in this action, and the court entered its default on January

16

25, 2013. Dkt. # 6. Now Plaintiff reveals that its complaint targeted the wrong time

17

period, and it would like to amend the complaint.

18

Because an amended complaint completely replaces its predecessor, the court

19

cannot grant Plaintiff’s motion to amend without vacating the entry of default. The court

20

accordingly directs the clerk to VACATE the January 25 entry of default. The court

21

GRANTS Plaintiff’s motion to amend (Dkt. # 8), and directs Plaintiff to file its amended

22

complaint within 7 days of this order.

23

DATED this 2nd day of April, 2013.

A

24
25

The Honorable Richard A. Jones
United States District Court Judge

26
27
28

ORDER – 1