Torres v. City of Seattle et al

Filing 11

MINUTE ORDER by Judge Thomas S. Zilly. The Court will treat plaintiff's filing of the amended complaint 10 as a motion for leave to amend and will grant such motion. Plaintiff's amended complaint will be deemed filed and served as of the date of this Minute Order. City of Seattle's partial motion to dismiss, docket no. 7 , is STRICKEN without prejudice. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JORGE TORRES,
Plaintiff,

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C16-1863 TSZ
v.
MINUTE ORDER
CITY OF SEATTLE, et al.,
Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Rather than responding to defendant City of Seattle’s Rule 12(b)(6) motion
to dismiss plaintiff’s fifth and sixth causes of action, docket no. 7, plaintiff filed an
amended complaint, docket no. 10, without seeking leave of the Court, as he was required
to do because City of Seattle had already filed an answer. Fed. R. Civ. P. 15(a)(2). The
Court will treat plaintiff’s filing of the amended complaint as a motion for leave to amend
and will grant such motion. Plaintiff’s amended complaint will be deemed filed and
served as of the date of this Minute Order. City of Seattle’s partial motion to dismiss,
docket no. 7, is STRICKEN without prejudice. Any pleading or motion responsive to the
amended complaint shall be due in accordance with Rule 15(a)(3).
(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 3rd day of March, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 1