Opinion
23 Civ. 7138 (AT)
01-22-2024
JOSE LUIS JUNIOR CRUZ GUTIERREZ, on behalf of himself, FLSA Collective Plaintiffs, and the Class, Plaintiffs, v. ALBA CARTING & DEMOLITION INC d/b/a COMPAC INDUSTRIES 2; d/b/a Tristate 2, and ANDREW HORAN, Defendants.
ORDER
ANALISA TORRES UNITED STATES DISTRICT JUDGE
On January 19, 2024, Plaintiffs filed then first amended complaint. ECF No. 25. Plaintiffs filing fails to comply with Federal Rule of Civil Procedure 15(a).
Rule 15(a) permits a party to amend its pleading (1) “21 days after [originally] serving it”; (2) “21 days after service of a responsive pleading ... or motion under Rule 12(b), (e), or (f);” or (3) “with the opposing party's written consent or the court's leave.” As more than twenty-one days have passed since the filings of both Plaintiffs' complaint and Defendants' answer, ECF Nos. 1, 18, Plaintiffs shall seek Defendants' consent to file its amended complaint or seek leave of court. Pursuant to the case management plan, any motion to amend shall be filed by February' 12, 2024. ECF No. 24 ¶ 3.
SO ORDERED.