Opinion
CASE NO. C18-0321JLR
07-19-2018
SRC LABS, LLC, et al., Plaintiffs, v. MICROSOFT CORPORATION, Defendant.
ORDER STRIKING AMENDED COMPLAINT
On July 17, 2018, Plaintiffs SRC Labs, LLC and Saint Regis Mohawk Tribe (collectively, "Plaintiffs") filed an amended complaint. (Am. Compl. (Dkt. # 96).) Because the time has passed for amending their complaint as a matter of course, see Fed. R. Civ. P. 15(a)(1), Plaintiffs may amend their "pleading only with the opposing party's written consent or the court's leave," Fed. R. Civ. P. 15(a)(2). In their amended complaint, Plaintiffs state that Defendant Microsoft Corporation ("Microsoft") "provided its consent in writing." (Am. Compl. at 4.) That statement alone, however, is insufficient to establish Microsoft's written consent, and the court DIRECTS the Clerk to strike Plaintiffs' amended complaint (Dkt. # 96). Plaintiffs must file a stipulation indicating Microsoft's written consent before filing the amended complaint. See Windermere Holdings, LLC v. U.S. Wall Decor, LLC, No. C 10-03955 LB, 2011 WL 3419467, at *2 (N.D. Cal. Aug. 4, 2011) (directing the plaintiff to supplement the record "to reflect the parties' stipulation" to an amended complaint).
Dated this 19th day of July, 2018.
/s/_________
JAMES L. ROBART
United States District Judge