Mazzaferro v. Parisi, C 16-05641 WHA. (2017)
Court: District Court, N.D. California
Number: infdco20170301985
Visitors: 8
Filed: Feb. 28, 2017
Latest Update: Feb. 28, 2017
Summary: ORDER STRIKING AMENDED COMPLAINT AND QUASHING SERVICE WILLIAM ALSUP , District Judge . On January 25, 2017, Officers Crum and Johnson moved to dismiss (Dkt. No. 28). Pursuant to Rule 15(a)(1)(B), plaintiff had until February 15 to amend his complaint as a matter of course. Plaintiff filed his first amended complaint on February 21 (Dkt. No. 38). He did not seek leave to amend. The amended complaint is therefore STRICKEN as untimely and without leave. Any service of the summonses for the d
Summary: ORDER STRIKING AMENDED COMPLAINT AND QUASHING SERVICE WILLIAM ALSUP , District Judge . On January 25, 2017, Officers Crum and Johnson moved to dismiss (Dkt. No. 28). Pursuant to Rule 15(a)(1)(B), plaintiff had until February 15 to amend his complaint as a matter of course. Plaintiff filed his first amended complaint on February 21 (Dkt. No. 38). He did not seek leave to amend. The amended complaint is therefore STRICKEN as untimely and without leave. Any service of the summonses for the de..
More
ORDER STRIKING AMENDED COMPLAINT AND QUASHING SERVICE
WILLIAM ALSUP, District Judge.
On January 25, 2017, Officers Crum and Johnson moved to dismiss (Dkt. No. 28). Pursuant to Rule 15(a)(1)(B), plaintiff had until February 15 to amend his complaint as a matter of course. Plaintiff filed his first amended complaint on February 21 (Dkt. No. 38). He did not seek leave to amend. The amended complaint is therefore STRICKEN as untimely and without leave. Any service of the summonses for the defendants added in that amended complaint is QUASHED. This is without prejudice to a proper motion seeking leave to amend.
The proposed amendments did not affect the arguments in the pending motion to dismiss, and the hearing on that motion (and the motion to set aside default) remains on calendar as scheduled.
IT IS SO ORDERED.
Source: Leagle
