Top Notch Solutions, Inc. et al v. Crouse and Associates Insurance Brokers, Inc. et al
MINUTE ORDER RENOTING plaintiff's 43 MOTION to Substitute Second Amended Complaint : Noting Date 12/22/2017; striking plaintiff's 45 Substitute Second Amended Complaint; striking plaintiff's 40 Second Amended Complaint. Authorized by Judge Thomas S. Zilly. (SWT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
TOP NOTCH SOLUTIONS, INC.,
CROUSE AND ASSOCIATES
INSURANCE BROKERS, INC., et al.,
The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
Plaintiffs’ motion, docket no. 43, to substitute a corrected version of their
Second Amended Complaint did not indicate whether plaintiffs’ attorney conferred with
defendants’ counsel before filing, and it was improperly noted as an unopposed motion.
The motion is RENOTED to December 22, 2017. Any response and any reply shall be
due in accordance with Local Civil Rule 7(d)(3).
Before obtaining leave of the Court, plaintiffs filed a “substitute” Second
18 Amended Complaint, which is essentially a third amended complaint. The “substitute”
Second Amended Complaint, docket no. 45, is STRICKEN without prejudice.
The deadline for filing any responsive pleading or motion, which is
20 currently 21 days after the Second Amended Complaint, docket no. 40, was filed, i.e.,
December 19, 2017, see Order at 14 (docket no. 38), is hereby STRICKEN, and will be
21 reset after the Court rules on plaintiff’s motion to substitute, which will be treated as
seeking leave to amend.
MINUTE ORDER - 1
The Clerk is directed to send a copy of this Minute Order to all counsel of
Dated this 7th day of December, 2017.
William M. McCool
MINUTE ORDER - 2
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