Watkins v. Baum et al

Filing 22

ORDER granting 20 Motion to Amend Complaint. Plaintiff shall file his Amended Complaint with the Court and shall serve a copy of the Amended Complaint on counsel for Defendants on or before 2/3/12. Plaintiff shall also provide service copies of his Amended Complaint and service addresses for the newly named defendants so the Court may direct service of his Amended complaint on the newly named Defendants. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JERMAINE DEVON WATKINS,
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Plaintiff,
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ORDER GRANTING MOTION TO
FILE AN AMENDED COMPLAINT

v.
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CATHERINE M. BAUM and
ELIZABETH G. SUITER,

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NO. C11-5494 RBL/KLS

Defendants.
Before the Court is Plaintiff’s Motion to Amend Complaint. ECF No. 20. Plaintiff

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seeks to add five defendants. He claims that these individuals were deliberately indifferent to
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his serious medical needs. Id. Defendants do not oppose Plaintiff’s motion. ECF No. 21.

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DISCUSSION

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Pursuant to Rule 15(a)(1) of the Federal Rules of Civil Procedure, “[a] party may

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amend its pleading once as a matter of course within (A) 21 days after serving it, or (B) if the

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pleading is one to which a responsive pleading is required, 21 days after service of a

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

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whichever is earlier.” Otherwise, the party “may amend the party’s pleading with the
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opposing party’s written consent or the court’s leave. The court should freely give leave
when justice so requires.” Fed. R. Civ. P. 15(a)(2).
Therefore, Plaintiff shall be allowed to file an amended complaint to add the proposed
Defendants and proposed claims against the named Defendants. Plaintiff is advised that an

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ORDER

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amended complaint supersedes the original, the latter being treated thereafter as nonexistent.

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King v. Atiyeh, 814 F.2d 565, 567 (9th Cir.1987) (“All causes of action alleged in an original

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complaint which are not alleged in an amended complaint are waived.”); Marx v. Loral Corp.,
87 F.3d 1049, 1055 (9th Cir.1996). Plaintiff must include all of his factual allegations, legal

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claims, and requests for relief in his amended complaint and reference to another document is
not an acceptable amendment.

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Accordingly, it is ORDERED:

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(1)

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Plaintiff’s Motion to Amend (ECF No. 20) is GRANTED. Plaintiff shall file

his Amended Complaint with the Court and shall serve a copy of the Amended Complaint on
counsel for Defendants on or before February 3, 2011. Plaintiff shall also provide service

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copies of his Amended Complaint and service addresses for the newly named Defendants so
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that the Court may direct service of his Amended Complaint on the newly named Defendants.
(2)

The Clerk shall send a copy of this Order to Plaintiff and counsel for

Defendants.
DATED this 3rd day of January, 2012.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER

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