Okolie v. City of Seattle et al

Filing 20

MINUTE ORDER striking Plaintiff's 19 Motion for Leave to Amend the Complaint. Authorized by Judge Ricardo S Martinez. (PM) cc: plaintiff via first class mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EDMUND OKOLIE,
Case No. C17-1531RSM
Plaintiff,

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MINUTE ORDER STRIKING MOTION
FOR LEAVE TO AMEND THE
COMPLAINT

v.

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CITY OF SEATTLE, et al.

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Defendants.

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The following MINUTE ORDER is made by direction of the Court, the Honorable
Ricardo S. Martinez, Chief United States District Judge:
On March 30, 2018, pro se Plaintiff filed a Motion for Leave to Amend the Complaint
(Dkt. #19). Plaintiff is commended for seeking leave to amend his Complaint in accordance with
Federal Rules of Civil Procedure Rule 15(a)(2). However, Plaintiff’s motion did not comply
with Local Rule 15, requiring that Plaintiff “attach a copy of the proposed amended” complaint
as an exhibit. Local Rule 15 provides, in full:
A party who moves for leave to amend a pleading, or who seeks to amend a
pleading by stipulation and order, must attach a copy of the proposed amended
pleading as an exhibit to the motion or stipulation. The party must indicate on the
proposed amended pleading how it differs from the pleading that it amends by
bracketing or striking through the text to be deleted and underlining or
highlighting the text to be added. The proposed amended pleading must not
incorporate by reference any part of the preceding pleading, including exhibits. If
a motion or stipulation for leave to amend is granted, the party whose pleading
was amended must file and serve the amended pleading on all parties within

ORDER – 1

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fourteen (14) days of the filing of the order granting leave to amend, unless the
court orders otherwise.
Local Rule W.D, Wash. LCR 15.
Plaintiff was previously alerted to the need to attach an amended complaint to a motion
for leave to amend. Okolie v. City of Seattle, No. C15-1258RAJ, Dkt. #35 at 2. (W.D. Wash.

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Nov. 22, 2016). At that time, Judge Jones noted the need to “treat pro se litigants with great

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leniency when evaluating compliance with the technical rules of civil procedure” but that pro se

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parties are still expected to follow the rules. Id. at 3. Judge Jones directed “Plaintiff to familiarize

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himself with the local rules of this Court and those of Federal Civil Procedure” and pointed
Plaintiff toward resources on the Court’s website. Id. at 4.

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The Court’s requirement that a party seeking to amend its pleadings include a copy
“indicat[ing] . . . how it differs from the pleading that it amends by bracketing or striking through

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the text to be deleted and underlining or highlighting the text to be added” may seem overly

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technical. However, the parties and the Court need to understand how the amended pleading will

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be altered in order to respond and consider the request. This results in clarity as to the substance

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of the amended pleading that the moving party seeks to file. Plaintiff’s motion is unclear as to
whether it is adding, altering, or replacing claims and factual allegations.
Nothing in this Order prevents Plaintiff from refiling a motion for leave to amend his

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complaint with the proper supporting documents in accordance with the Federal Rules of Civil

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Procedure, the Local Rules of the Western District of Washington, and the prior orders of this

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Court. Plaintiff is reminded of the Court’s June 1, 2018 deadline for joining additional parties or

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amending the pleadings.

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Accordingly, Plaintiff’s Motion for Leave to Amend the Complaint is STRICKEN.

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ORDER – 2

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The Court directs the Clerk to mail a copy of this Minute Order to Plaintiff at 435 Martin
Luther King Jr. Way South, Seattle, WA 98144.
Dated this 3 day of April, 2018.

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WILLIAM McCOOL, Clerk

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By: /s/ Paula McNabb
Deputy Clerk

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ORDER – 3