Opinion
Case No. 3:13-cv-334
12-30-2013
REBECCA REED, et al., Plaintiffs, v. TMI HOSPITALITY, INC., et al., Defendants.
Judge Thomas M. Rose
ENTRY AND ORDER STRIKING REED'S AND BOSTICK'S FIRST
AMENDED COMPLAINT
On November 27, 2013, this Court granted Defendant TMI Hospitality, Inc.'s ("TMI's") Partial Motion To Dismiss and gave Plaintiffs Rebecca Reed ("Reed") and Lorie Bostick ("Bostick") not later than thirty (30) days following entry of the Order to file a motion to amend their complaint with their proposed amended complaint attached. (Doc. #14.) Reed and Bostick were granted leave to file a motion to amend their Complaint instead of being granted leave to amend their complaint because the time provided by Fed. R. Civ. P. 15 to file an amended complaint without leave of court had passed.
Thirty (30) days after entry of the Order, Reed and Bostick filed a First Amended Complaint without leave of Court instead of first filing a motion to amend their Complaint. Because Fed. R. Civ. P. 15 does not provide for the filing of an amended complaint at this stage of the proceedings, the First Amended Complaint must be struck from the record. The Court also notes that the thirty (30) days which was provided to file a motion for leave to amend has passed.
DONE and ORDERED in Dayton, Ohio this Thirtieth Day of December, 2013.
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE
Copies furnished to:
Counsel of Record