Richey v. Thaut

Filing 10

ORDER granting 9 Motion to Amend signed by Magistrate Judge Karen L Strombom.(MET) cc: Plaintiff (docket amended to reflect corrected name change)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS WILLIAM SINCLAIR
RICHEY,

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Plaintiff,

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v.

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ORDER GRANTING MOTION TO
AMEND

DENNIS THAUT,

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NO. C11-5680 RBL/KLS

Defendant.
Before the Court is Plaintiff’s Motion to Amend Complaint. ECF No. 9. Pursuant to
Rule 15(a)(1) of the Federal Rules of Civil Procedure, A[a] party may amend its pleading once

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as a matter of course within (A) 21 days after serving it, or (B) if the pleading is one to which

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a responsive pleading is required, 21 days after service of a responsive pleading or 21 days

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after service of a motion under Rule 12(b), (e) or (f), whichever is earlier.” Otherwise, the

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party Amay amend the party’s pleading with the opposing party’s written consent or the

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court’s leave. The court should freely give leave when justice so requires.” Fed. R. Civ. P.

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15(a)(2).

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In his original complaint, Plaintiff named Dennis Thaut as defendant. ECF No. 5. The
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Court directed service of the complaint on Mr. Thaut, but the mail was returned as

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undeliverable, marked “Return to Sender, No Such Person at This Facility. ECF No. 7. The

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Court directed Plaintiff to provide a current address for Mr. Thaut so that service might again

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ORDER

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be attempted. ECF No. 8. On October 26, 2011, the Clerk received from Plaintiff a marshal’s

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form for service on a Douglas Thaut and on the same day, Plaintiff filed his motion to amend

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to change the name of the defendant from Dennis Thaut to Douglas Thaut. ECF No. 9.
Plaintiff states that he was in error as to Mr. Thaut’s first name. Id.

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Accordingly, it is ORDERED:

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(1)

Plaintiff’s Motion to Amend (ECF No. 9) is GRANTED.

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(2)

The Clerk shall change the name of the Defendant from “Dennis Thaut” to

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“Douglas Thaut” in the caption of this case.
(3)

The Clerk shall send a copy of this Order to Plaintiff.

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DATED this 3rd day of November, 2011.
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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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