Opinion
2:21-cv-11052
09-01-2021
SEAN MACMASTER, Plaintiff, v. DAVID BUSACCA, et al., Defendants.
ORDER STRIKING AMENDED COMPLAINT [38]
STEPHEN J. MURPHY, III United States District Judge
Plaintiff sued several Defendants in May 2021. ECF 1. Defendant Kolodziej was the first Defendant to file a responsive pleading; he moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b). ECF 16. Nearly two months later, Plaintiff filed an amended complaint. ECF 38.
Civil Rule 15(a)(1) allows a plaintiff to amend a complaint as a matter of right within twenty-one days after serving it or twenty-one days after a defendant serves a Rule 12(b) motion. The twenty-one-day clock begins after the first responsive pleading or motion is served. Evans v. City of Ann Arbor, No. 21-10575, 2021 WL 2949502, at *2-3 (E.D. Mich. July 14, 2021). Because Defendant Kolodziej served the first responsive motion more than twenty-one days ago, ECF 16, the time for Plaintiff to amend his complaint as a matter of right already expired under Rule 15(a). The Court will therefore order the clerk of the Court to strike the amended complaint, ECF 38, from the docket.
WHEREFORE, it is hereby ORDERED that the Clerk of the Court must STRIKE the amended complaint [38] from the docket.
SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 1, 2021, by electronic and/or ordinary mail.
David P. Parker Case Manager