Doss v. NPC International, Inc.

Full title: MONIQUE DOSS, NADIA HARRIS, SHAVONDA GIBBS, ROCHELLE CHILDS, DARREN…

Court: United States District Court, N.D. Mississippi, Greenville Division

Date published: Feb 9, 2010

CIVIL ACTION NO. 4:09 - CV-76-P-S (N.D. Miss. Feb. 9, 2010)

Opinion

CIVIL ACTION NO. 4:09 — CV-76-P-S.

February 9, 2010

ORDER

DAVID SANDERS, Magistrate Judge

This matter is before the court on motion of the defendant to strike the plaintiff's amended complaint (# 56). The plaintiff has not responded to the instant motion. Plaintiffs filed an amended complaint on January 5, 2010, following an order by this court granting a joint motion to amend the complaint to remove an individual plaintiff; there has not been any motion to amend the complaint with regard to damages. Despite this fact, plaintiffs' amended complaint dropped a punitive damages claim.

Pursuant to Rule 15(a), "a party may amend its pleading only with the opposing party's written consent or the Court's leave." See Fed.R.Civ.P. 15(a). Plaintiffs' amended complaint, as filed, exceeds the scope of the order of this court. Therefore, it is,

ORDERED that the defendants' motion to strike the plaintiffs' amended complaint (# 56) is hereby GRANTED.

SO ORDERED.