Gore v. Tacoma Police Department et al

Filing 25

ORDER RE: SECOND AMENDED COMPLAINT signed by Magistrate Judge Theresa L Fricke. The 22 Proposed Second Amended Complaint shall be entered as the Operative Complaint. Defendants shall file a new responsive pleading in accordance with the Federal Rules of Civil Procedure and Local Rules. (GMR- cc: pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JERMAINE GORE,
Case No. C18-5075-BHS-TLF

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Plaintiff,
ORDER RE: SECOND AMENDED
COMPLAINT

v.
TACOMA POLICE DEPARTMENT, et al.
Defendants.

This matter has been referred to the undersigned United States Magistrate Judge pursuant

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to 28 U.S.C. § 636(b)(1), Local Rules MJR 3 and 4, and Rule 72 of the Federal Rules of Civil

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Procedure. This order clarifies the operative complaint in this case.

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The Court denied plaintiff’s previous motion for leave to amend the complaint because it

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failed to comply with Local Civil Rule (LCR) 15. Dkt 19. The Court explained that it could not

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properly evaluate plaintiff’s request because he did not attach a copy of the proposed second

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amended complaint to his motion. Id., p. 2. The Court instructed plaintiff, if he decided to again

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seek leave to file a second amended complaint, to comply with the requirements of LCR 15 and

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“explain why amendment is appropriate.” Dkt. 19, p. 2.

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Plaintiff did not strictly comply with this order or LCR 15: rather than filing a new

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motion to amend the complaint, he filed only the proposed second amended complaint itself.

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Dkt. 22. Two days later, defendants filed an answer to the original complaint (Dkt. 8). Dkt. 21.

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ORDER RE: SECOND AMENDED COMPLAINT - 1

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Nonetheless, after reviewing plaintiff’s second amended complaint in conjunction with

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plaintiff’s prior motion seeking leave to amend (Dkt. 14), and in the interest of judicial efficiency

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and fairness, the Court will construe them as together complying with LCR 15. The Court further

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finds that “justice . . . requires” that plaintiff be granted leave to amend the complaint. Fed. R.

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Civ. P. 15(a)(2).

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Accordingly, the undersigned finds and ORDERS as follows:

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1.

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The proposed second amended complaint at Dkt. 22 shall be entered as the

operative complaint.
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Defendants shall file a new responsive pleading in accordance with the Federal

Rules of Civil Procedure and Local Rules.

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The Clerk is directed to send a copy of this Order to Plaintiff.

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Dated this 16th day of January, 2019.

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A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER RE: SECOND AMENDED COMPLAINT - 2