Harger v. Price

Full title: D. SCOTT HARGER, Plaintiff, v. JAMES PRICE, et al., Defendants

Court: United States District Court, S.D. New York

Date published: Jun 12, 2002

01 Civ. 7515 (LAK) (S.D.N.Y. Jun. 12, 2002)

Opinion

01 Civ. 7515 (LAK)

June 12, 2002

ORDER

LEWIS A. KAPLAN, District Judge.

In an opinion dated May 30, 2002, the Court granted in part and denied in part the defendants' motions to dismiss plaintiff's third amended complaint with leave to replead in part the first and tenth claims for relief. The order at the foot of the opinion provided in relevant part:

"For the sake of convenience, the plaintiff shall not file a fourth amended complaint. Should plaintiff avail himself of the leave granted herein, he shall serve and file an amendment to the complaint repleading only the first and tenth claims for relief in accordance herewith."

Notwithstanding the clarity of the foregoing order, plaintiff now has filed an amended complaint dated June 6, 2002 which contains five claims for relief.

In view of plaintiff's disregard of the Court's order, the amended complaint is stricken. Plaintiff's time to file an amendment to the complaint repleading ONLY the first and tenth claims for relief in compliance with the Court's opinion is extended to and including June 21, 2002.

SO ORDERED.