Opinion
2:11-CV-1179 JCM (PAL)
10-31-2011
TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST, et al., Plaintiffs, v. SEQUOIA ELECTRIC, LLC., et al., Defendants.
ORDER
Presently before the court is plaintiffs Trustees of the Operating Engineers Pension Trust, et. al.'s motion to add Clear Diamond, LLC and Sequoia Construction, Inc. as defendants. (Doc. #15). Defendants Sequoia Electric, LLC, et. al. filed a notice of non-opposition. (Doc. #16).
Local Rule 15-1(a) requires plaintiffs to submit a proposed amended complaint along with the motion to amend. LR 15-1(a). Here, plaintiffs have failed to attach an amended complaint. Instead, plaintiffs' motion states that "[u]pon this [c]ourt's granting for the [p]laintiffs' motion, [p]laintiffs' counsel will also serve an original summons and complaint upon [the additional defendants]." (Doc. #15). This procedure does not comport with the local rules.
Accordingly,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs Trustees of the Operating Engineers Pension Trust, et. al.'s motion to add Clear Diamond, LLC and Sequoia Construction, Inc. as defendants (doc. #15) be, and the same hereby is, DENIED without prejudice.
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UNITED STATES DISTRICT JUDGE