Langworthy v. State of Washington, et al

Filing 20

MINUTE ORDER striking plaintiff's 16 Motion to Reduce Relief Amount and 19 Amended Complaint; granting leave for Plaintiff to file an Amended Complaint within twenty-one (21) days. Authorized by Judge Ricardo S Martinez. (SWT) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GENEVA LANGWORTHY,
Plaintiff,
v.

Case No. C18-135RSM
MINUTE ORDER STRIKING AMENDED
COMPLAINT AND MOTION TO
REDUCE RELIEF AMOUNT AND
GRANTING LEAVE TO AMEND

STATE OF WASHINGTON,
Defendant.
The following MINUTE ORDER is made by direction of the Court, the Honorable
Ricardo S. Martinez, Chief United States District Judge:

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Plaintiff’s original Complaint was filed on the docket February 2, 2018. Dkt. #4. This

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Complaint complies with the requirements of Federal Rule of Civil Procedure 8(a), in that it

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contains a short and plain statement of the grounds for the Court’s jurisdiction, a short and

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plain statement of the claim, and a demand for the relief sought. See id.

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On April 4, 2018, Plaintiff filed a “Motion to Reduce Relief Amount,” asking the Court

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to “reduce the amount of relief requested in the above-captioned matter to $0.00.” Dkt. #16.

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Plaintiff includes no other explanation for this request. On April 9, 2018, Plaintiff filed a

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purported Amended Complaint. Dkt. #19.

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MINUTE ORDER STRIKING AMENDED COMPLAINT AND MOTION TO REDUCE
RELIEF AMOUNT - 1

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The Court notes that Plaintiff is only permitted to amend her pleading once as a matter

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of course within 21 days after serving the original Complaint, or 21 days after service of a

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responsive pleading or Rule 12 Motion from Defendant. Fed. R. Civ. P. 15(a). Otherwise,

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Plaintiff must seek leave of the Court to amend her Complaint by filing a motion for leave, or

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obtain the written consent of Defendant. Fed. R. Civ. P. 15(b).

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The Court has examined Plaintiff’s purported Amended Complaint and finds that it does

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not conform to Federal Rule of Civil Procedure 8(a). It does not state grounds for jurisdiction

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or relief requested, or otherwise comply with the formatting requirements of a complaint.

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Instead, it is formatted as a letter to the Court stating additional claims Plaintiff wishes to add to
her original Complaint. See Dkt. #19.

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If the Court permitted Plaintiff’s Motion to Reduce Relief Amount and her purported

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Amended Complaint, Defendant and the Court would need to look at three different filings to

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see what Plaintiff is claiming in this case. Instead, the Court believes this case would be best

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served by Plaintiff filing a proper amended complaint containing all of Plaintiff’s attempted

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revisions. Accordingly, the Court will strike the above new filings as improper and grant

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Plaintiff leave to file a new amended complaint, formatted like her original Complaint, where

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Plaintiff is free to add her new claims and to adjust her requested relief.

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Given all of the above, the Court hereby STRIKES Dkts. #16 and #19. The Court

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grants leave for Plaintiff to file an Amended Complaint within twenty-one (21) days.
DATED this 20th day of April, 2018.

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WILLIAM McCOOL, Clerk

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By:

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/s/ Paula McNabb
Deputy Clerk

MINUTE ORDER STRIKING AMENDED COMPLAINT AND MOTION TO REDUCE
RELIEF AMOUNT - 2