ORWIG v. SOUCIE, 15-cv-01736-KMT. (2016)
Court: District Court, D. Colorado
Number: infdco20160202b50
Visitors: 29
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
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. Ci..
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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. 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
