SRC Labs, LLC et al v. Microsoft Corporation

Filing 97

ORDER striking Plaintiffs' 96 Amended Complaint and directing Plaintiffs to file a stipulation indicating Microsoft's written consent before filing the amended complaint. Signed by Judge James L. Robart. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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SRC LABS, LLC, et al.,
Plaintiffs,

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v.

CASE NO. C18-0321JLR
ORDER STRIKING AMENDED
COMPLAINT

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MICROSOFT CORPORATION,
Defendant.

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On July 17, 2018, Plaintiffs SRC Labs, LLC and Saint Regis Mohawk Tribe

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(collectively, “Plaintiffs”) filed an amended complaint. (Am. Compl. (Dkt. # 96).)

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Because the time has passed for amending their complaint as a matter of course, see Fed.

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R. Civ. P. 15(a)(1), Plaintiffs may amend their “pleading only with the opposing party’s

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written consent or the court’s leave,” Fed. R. Civ. P. 15(a)(2). In their amended

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complaint, Plaintiffs state that Defendant Microsoft Corporation (“Microsoft”) “provided

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its consent in writing.” (Am. Compl. at 4.) That statement alone, however, is insufficient

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to establish Microsoft’s written consent, and the court DIRECTS the Clerk to strike

ORDER - 1

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Plaintiffs’ amended complaint (Dkt. # 96). Plaintiffs must file a stipulation indicating

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Microsoft’s written consent before filing the amended complaint. See Windermere

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Holdings, LLC v. U.S. Wall Decor, LLC, No. C 10-03955 LB, 2011 WL 3419467, at *2

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(N.D. Cal. Aug. 4, 2011) (directing the plaintiff to supplement the record “to reflect the

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parties’ stipulation” to an amended complaint).

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Dated this 19th day of July, 2018.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2