Opinion
21-cv-08608-AGT
12-16-2021
ROBERT LINDBLAD, Plaintiff, v. CITY OF MILLBRAE, et al., Defendants.
Re: Dkt. No. 5
ORDER DENYING MOTION TO AMEND COMPLAINT
Alex G. Tse United States Magistrate Judge
Robert Lindblad's proposed amended complaint doesn't comply with Civil Local Rule 10-1, which requires any party who moves to file an amended pleading to “reproduce the entire proposed pleading and . . . not [to] incorporate any part of a prior pleading by reference.”
Lindblad's proposed amended complaint doesn't satisfy this rule, because it simply includes a caption page that identifies several new defendants, without including any of the factual allegations or legal claims that appear in the original complaint. As Rule 10-1 makes clear, Lindblad cannot incorporate those allegations and claims by reference.
The motion to amend is denied for failure to comply with Rule 10-1. Having denied the motion, the Court will continue to treat the original complaint as the operative pleading.
IT IS SO ORDERED. 1