Opinion
3:10-cv-oo669-LRH (RAM)
08-26-2011
JOHN COLWELL, Plaintiff, v. ROBERT BANNISTER, et. al., Defendants.
MINUTES OF THE COURT
PRESENT: THE HONORABLE ROBERT A. McOUAID . JR., U.S. MAGISTRATE JUDGE
DEPUTY CLERK: JENNIFER COTTER REPORTER: NONE APPEARING
_____ COUNSEL FOR PLAINTIFF(S): NONE APPEARING_
_____ COUNSEL FOR DEFENDANTS): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Defendants have filed a Motion to Strike First Amended Complaint (Doc. #30).
A review of the docket in this case indicates that Defendants filed an Answer to the Complaint on March 7, 2011 (Doc. #11) and the Amended Complaint (Doc. #29) was not filed until August 12, 2011.
Fed. R. Civ. P. 15(a) provides that after an answer has been filed "a party may amend its pleading only with the opposing party's written consent or the court's leave." Plaintiff did not obtain leave of courier written consent of the Defendants prior to filing the Amended Complaint. Moreover, Plaintiff's amendment is untimely. The court entered a scheduling order in this case on March 7,2011, providing that any amendments to pleadings as provided for under Fed.R.Civ.P. 15, or motions for leave to amend, shall comply with Local Rule 15-1 and shall be filed and served within sixty (60) days from the date of the scheduling order. (See Doc. # 13 at 1.)
Defendants' Motion to Strike Plaintiff's First Amended Complaint (Doc. #30) is GRANTED. The First Amended Complaint filed by Plaintiff (Doc. # 29) shall be STRICKEN and the Clerk shall:return the First Amended Complaint to Plaintiff.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: ________________________________
Deputy Clerk