United States of America v. Engen et al

Filing 53

ORDER granting Defendant Engen's 47 Motion for Continuance of Scheduling Deadlines. FRCP 26(f) Conference Deadline is 8/10/2020, Initial Disclosure Deadline is 8/17/2020, Joint Status Report due by 8/24/2020. The Court STRIKES, as procedurally improper: "Defendant's Second Amended Answer and Counterclaims (Dkt. # 46 ); and Defendant's Third Amended Answer and Counterclaims (Dkt. # 49 ). Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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UNITED STATES OF AMERICA,

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Plaintiff,

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CASE NO. C18-712 RSM
ORDER

v.

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CAROL L. ENGEN, et al.,

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Defendants.

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This matter is before the Court on Defendant Carol L. Engen’s Motion for Continuance

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of Scheduling Deadlines. Dkt. #47. The Court grants the motion and takes the opportunity to

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clarify the record.

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Defendant Engen indicates that the parties’ prior attempt to hold the Rule 26(f)

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conference was unsuccessful because Plaintiff United States and Defendant King County (“King

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County”) “refused to discuss their claims and defenses with Defendant [Engen] or any settlement

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matters until they had seen Defendant’s answer to the Complaint.” Dkt. #47 at 2. Defendant

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Engen has now filed an answer1 to the Complaint and asserted counterclaims against Plaintiff

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and crossclaims against King County. Dkt. #44. Accordingly, Defendant Engen maintains that

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Defendant Engen has filed several amended answers, which the Court addresses below.

ORDER – 1

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she should not be forced to participate in the Rule 26(f) conference until seeing responsive

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pleadings to her claims. Plaintiff and King County do not oppose the request, and the Court finds

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good cause to extend the requested deadlines.2

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Since Defendant Engen filed her answer, asserting counterclaims and crossclaims, she

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has filed three amended complaints. Dkts. #45, #46, and #49. Federal Rule of Civil Procedure

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15(a) provides that “[a] party may amend its pleading once as a matter of course within: (A) 21

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days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21

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days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b),

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(e), or (f), whichever is earlier.” FED. R. CIV. P. 15(a). Otherwise, a party must seek leave of

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court to amend a pleading or receive the opposing party’s written consent. FED. R. CIV. P.

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15(a)(2).

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Defendant Engen filed “Defendant’s First Amended Answer and Counterclaims” on May

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31, 2020. Dkt. #45. This expended the one amendment afforded Defendant Engen as a matter

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of course. See Logue v. Patient First Corp., 246 F. Supp. 3d 1124, 1126–27 (D. Md. 2017) (“only

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one opportunity is afforded by Rule 15 to amend any pleading as a matter of course”) (emphasis

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in original). Further amendments are permitted “only with the opposing party’s written consent

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or the court’s leave.” FED. R. CIV. P. 15(a)(2). Accordingly, the Court will strike the subsequent

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amended answers as procedurally improper. In so doing, the Court clarifies that “Defendant’s

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First Amended Answer and Counterclaims” (Dkt. #45) is Defendant Engen’s operative pleading

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in this matter.

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The original deadline for the parties to file a joint status report was June 8, 2020. Dkt. #42. In
an abundance of caution, Defendant Engen and Plaintiff filed separate status reports. Dkts. #51
and #52. Because the Court grants Defendant Engen’s motion for an extension of time, the Court
disregards those filings.
ORDER – 2

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Accordingly, having considered Defendant’s motion and the remainder of the record, the
Court finds and ORDERS:
1. The Court STRIKES, as procedurally improper:

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a. “Defendant’s Second Amended Answer and Counterclaims” (Dkt. #46); and

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b. “Defendant’s Third Amended Answer and Counterclaims” (Dkt. #49).

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2. Defendant Carol L. Engen’s Motion for Continuance of Scheduling Deadlines (Dkt. #47)

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is GRANTED. The Court sets the following initial scheduling deadlines:

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Event

Old Deadline

New Deadline

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Deadline for FRCP 26(f)
Conference

05/25/2020

08/10/2020

Initial Disclosures Pursuant
to FRCP 26(a)(1)

06/01/2020

08/17/2020

Combined Joint Status Report
and Discovery Plan as Required
by FRCP 26(f) and Local
Civil Rule 26(f):

06/08/2020

08/24/2020

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Dated this 9th day of June, 2020.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER – 3