Opinion
Case No. 2:03-CV-0201 TC
December 16, 2003
ORDER
On June 12, 2003, Defendant United States of America ("United States") filed a Motion to Dismiss and Motion for More Definite Statement, along with a supporting memorandum. Plaintiff Shelly Anders never submitted an opposing memorandum, but instead filed an amended complaint without leave of the court and without written consent of the United States, See Fed.R.Civ.P. 15(a). Leave to amend is not granted now.
In its November 17, 2003 notice to submit, the United States notes that the parties attempted to negotiate a stipulation that was never fully executed, but that Ms. Anders' amended complaint fails to meet even the terms of the proposed stipulation, included as Ex, A to Defendants' Notice to Submit the United States of America's Motion to Dismiss and Motion for a More Definite Statement; Objection to Filing of Amended Complaint.
Having reviewed Defendant's June 12, 2003 motions, the court finds they are meritorious. Accordingly, Defendant's Motion to Dismiss is GRANTED and the Motion for More Definite Statement is DENIED as moot.