Ogilvie v. Thrifty PayLess Inc

Filing 20

ORDER striking plaintiff's 19 Second Amended Complaint. Plaintiff must file a stipulation indicating Thifty PayLess's written consent before filing her second amended complaint. Signed by Judge James L. Robart. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARJORIE OGILVIE,
Plaintiff,

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v.

CASE NO. C18-0718JLR
ORDER STRIKING SECOND
AMENDED COMPLAINT

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THRIFTY PAYLESS, INC.,
Defendant.

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On August 13, 2018, Plaintiff Marjorie Ogilvie filed a second amended complaint.

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(SAC (Dkt. # 19).) Because the time has passed for amending her complaint as a matter

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of course, see Fed. R. Civ. P. 15(a)(1), Ms. Ogilvie may amend her “pleading only with

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the opposing party’s written consent or the court’s leave,” Fed. R. Civ. P. 15(a)(2). Ms.

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Ogilvie attaches to her second amended complaint an email in which Defendant Thrifty

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PayLess, Inc.’s counsel consents to a filing. (See Email (Dkt. # 19-2) at 2.) That email is

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insufficient, however, to establish Thrifty PayLess’s written consent under Rule 15(a)(2).

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The court cannot discern that counsel consented specifically to the second amended

ORDER - 1

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complaint. (See id.) Accordingly, the court DIRECTS the Clerk to strike that filing (Dkt.

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# 19). Ms. Ogilvie must file a stipulation indicating Thrifty PayLess’s written consent

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before filing her second amended complaint. See Windermere Holdings, LLC v. U.S.

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Wall Decor, LLC, No. C 10-03955 LB, 2011 WL 3419467, at *2 (N.D. Cal. Aug. 4,

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2011) (directing the plaintiff to supplement the record “to reflect the parties’ stipulation”

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to an amended complaint).

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Dated this 17th day of August, 2018.

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A

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JAMES L. ROBART
United States District Judge

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ORDER - 2