Opinion
2:23-cv-00846-WBS-CKD
04-16-2024
ESTATE OF F.R., et al., Plaintiffs, v. COUNTY OF YUBA, et al., Defendants.
LAW OFFICE OF MARK E. MERIN, Mark E. Merin, Paul H. Masuhara Attorneys for Plaintiffs ESTATE OF F.R. and LORI ROSILES PORTER, SCOTT Matthew W. Gross (as authorized on April 15, 2024) Carl L. Fessenden Matthew W. Gross Attorneys for Defendants COUNTY OF YUBA and YUBA COUNTY SHERIFF'S OFFICE
LAW OFFICE OF MARK E. MERIN, Mark E. Merin, Paul H. Masuhara Attorneys for Plaintiffs ESTATE OF F.R. and LORI ROSILES
PORTER, SCOTT Matthew W. Gross (as authorized on April 15, 2024) Carl L. Fessenden Matthew W. Gross Attorneys for Defendants COUNTY OF YUBA and YUBA COUNTY SHERIFF'S OFFICE
ORDER FOR FILING FIRST AMENDED COMPLAINT
WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE
The parties-the Estate of F.R. and Lori Rosiles (collectively, “Plaintiffs”) and the County of Yuba and Yuba County Sheriff's Office (collectively, “Defendants”)-submit the following [Proposed] Order for Filing First Amended Complaint.
1. The parties previously stipulated that Plaintiffs shall have leave to file a First Amended Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(2). ECF No. 19. Thereafter, Plaintiffs filed the First Amended Complaint. ECF No. 20. Thus, the First Amended Complaint is the currently-operative pleading in this case. See, e.g., 6 Wright & Miller, Fed. Prac. & Proc. Civ. § 1490 (3d ed.) (“If consent is secured, the usual motion procedure need not be followed. The pleaders right to amend is not subject to the courts discretion and the court must permit the amendment to be filed.”); Fern v. United States, 213 F.2d 674, 677 (9th Cir. 1954) (“Once the adverse party has consented to the amendment of a pleading, the court has no control over the matter under Rule 15(a).”); Bilmar Drilling, Inc. v. IFG Leasing Co., 795 F.2d 1194, 1199 (5th Cir. 1986) (“if the adverse party had consented to amendment, the court has no control over the matter” (citing Fern, 213 F.2d at 677)).
2. The Court's courtroom deputy has requested that the parties “e-file a proposed order to accompany th[e] stipulation, for the [J]udge's review and consideration.” Accordingly, the parties submit the instant proposed order.
ORDER
Pursuant to the parties' stipulation, ECF No. 19, and the filing of Plaintiffs' First Amended Complaint, ECF No. 20, Plaintiffs' currently-operative pleading in this case is the First Amended Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(2).
IT IS SO ORDERED.