Wisconsin Masons 401(k) Fund et al v. Froode, Kathleen

Filing 13

ORDER that plaintiffs' amended complaint, Dkt. 11 , is stricken. Signed by District Judge James D. Peterson on 5/8/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

WISCONSIN MASONS 401(k) FUND,
BILL BONLENDER, and
BRICKLAYERS AND ALLIED CRAFTWORKERS
DISTRICT COUNCIL OF WISCONSIN,
ORDER
Plaintiffs,
v.

16-cv-676-jdp

KATHLEEN M. FROODE,
Defendant.
On October 12, 2016, plaintiffs brought suit against defendant Kathleen M. Froode,
alleging violations of the Employee Retirement Income Security Act (ERISA), civil theft, and
conversion. Dkt. 1. Froode, appearing pro se, answered plaintiffs’ complaint on January 20,
2017. Dkt. 8. Now, more than six months after filing their complaint and more than three
months after receiving Froode’s answer, plaintiffs have filed an amended complaint that
purports to add a new party, Wisconsin Laborers District Council, as a plaintiff and a new
claim for issuance of worthless checks against Froode. Dkt. 11. Plaintiffs do not indicate that
they have obtained Froode’s written consent to amend their complaint, nor do they ask for the
court’s leave to do so, as required by Federal Rule of Civil Procedure 15(a), so the court will
strike the amended complaint as improper. Should plaintiffs wish to amend their complaint,
they must move for leave to do so under Rule 15.

ORDER
IT IS ORDERED that plaintiffs’ amended complaint, Dkt. 11, is stricken.
Entered May 8, 2017.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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