Opinion
CIVIL ACTION NO. H-08-1648.
March 3, 2009
ORDER
On February 6, 2009, Plaintiff, Pinkie E. Lyles, filed a "First Amended Complaint." On February 23, 2009, the Defendant, Texas Alcohol Beverage Commission, filed its "Motion to Strike Plaintiff's First Amended Complaint" alleging that the Amended Complaint was filed without its consent and without leave of court as required by Rule 15(a) of the Federal Rules of Civil Procedure.
TABC's Motion appears meritorious, cf. United States Ex Rel. Mathews v. Healthsouth Corp., 332 F.2d 293, 296-7 (5th Cir. 2003); however, since Lyles is before the Court pro se it is ORDERED that she SHALL file a response to the Motion to Strike no later than March 13, 2009.