Raposo v. JP Morgan Chase, N.A., 2:18-cv-07145-ODW (PLA). (2019)
Court: District Court, C.D. California
Number: infdco20190108660
Visitors: 8
Filed: Jan. 07, 2019
Latest Update: Jan. 07, 2019
Summary: ORDER STRIKING FIRST AMENDED COMPLAINT [16] AND CONTINUING HEARING [14] OTIS D. WRIGHT, II , District Judge . Defendant JP Morgan Chase, N.A. served Plaintiffs Jose Raposo and Beverly Raposo with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on November 30, 2018. (ECF No. 14.) On January 4, 2019, instead of opposing the motion to dismiss, Plaintiffs filed a first amended complaint—thirty-five days after Defendant filed its responsive pleading. (ECF No. 16.) Feder
Summary: ORDER STRIKING FIRST AMENDED COMPLAINT [16] AND CONTINUING HEARING [14] OTIS D. WRIGHT, II , District Judge . Defendant JP Morgan Chase, N.A. served Plaintiffs Jose Raposo and Beverly Raposo with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on November 30, 2018. (ECF No. 14.) On January 4, 2019, instead of opposing the motion to dismiss, Plaintiffs filed a first amended complaint—thirty-five days after Defendant filed its responsive pleading. (ECF No. 16.) Federa..
More
ORDER STRIKING FIRST AMENDED COMPLAINT [16] AND CONTINUING HEARING [14]
OTIS D. WRIGHT, II, District Judge.
Defendant JP Morgan Chase, N.A. served Plaintiffs Jose Raposo and Beverly Raposo with a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss in this case on November 30, 2018. (ECF No. 14.) On January 4, 2019, instead of opposing the motion to dismiss, Plaintiffs filed a first amended complaint—thirty-five days after Defendant filed its responsive pleading. (ECF No. 16.) Federal Rule of Civil Procedure 15(a)(1) allows Plaintiffs to file an amended complaint once as a matter of course within twenty-one days of service with a Rule 12(b) motion. Therefore, Plaintiffs' amended complaint was improper. At this time, Plaintiffs may only amend their complaint "with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Neither have occurred. Accordingly, the Court strikes Plaintiffs' First Amended Complaint (ECF No. 16) as improper.
In the interests of justice, the Court continues the hearing on Defendant's Motion to Dismiss to February 4, 2019 at 1:30 p.m. Despite missing the deadline to file an opposition, the Court will grant Plaintiffs an extension to oppose the Motion. Plaintiffs may file an opposition to the Motion on or before January 14, 2019. Defendant's reply in support of the Motion shall be filed on or before January 21, 2019.
IT IS SO ORDERED.
Source: Leagle
