Elawyers Elawyers
Ohio| Change

ORWIG v. SOUCIE, 15-cv-01736-KMT. (2016)

Court: District Court, D. Colorado Number: infdco20160202b50 Visitors: 32
Filed: Feb. 01, 2016
Latest Update: Feb. 01, 2016
Summary: ORDER KATHLEEN M. TAFOYA , Magistrate Judge . This matter is before the court on Plaintiff's "Third Amended Complaint" (Doc. No. 31, filed January 29, 2016). Plaintiff filed a Second Amended Complaint on October 9, 2015. (Doc. No. 9.) Pursuant to Fed. R. Civ. P. 15(a)(1), Plaintiff may amend his pleading "once as a matter of course" within specified time limits. "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. Fed. R. C
More

ORDER

This matter is before the court on Plaintiff's "Third Amended Complaint" (Doc. No. 31, filed January 29, 2016). Plaintiff filed a Second Amended Complaint on October 9, 2015. (Doc. No. 9.) Pursuant to Fed. R. Civ. P. 15(a)(1), Plaintiff may amend his pleading "once as a matter of course" within specified time limits. "In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. Fed. R. Civ. P. 15(a)(2). Here, because Plaintiff previously amended his Complaint, he was required to obtain Defendants' written consent or seek leave of court prior to filing his Third Amended Complaint, which he did not do.

Accordingly, it is

ORDERED that the Third Amended Complaint (Doc. No. 31) is stricken.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer