SOLIS v. GOLDEN ORCHARD, INC., 11-cv-02031-MSK-BNB. (2012)
Court: District Court, D. Colorado
Number: infdco20120113903
Visitors: 9
Filed: Jan. 12, 2012
Latest Update: Jan. 12, 2012
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises sua sponte. The action was commenced on August 4, 2011, by the filing of a Complaint. [Doc. # 1]. The defendants filed their Answer [Doc. # 13] on October 4, 2011. On January 6, 2012, the plaintiff filed an Amended Complaint [Doc. # 27]. She did not seek nor obtain leave to amend the complaint. Rule 15(a), Fed. R. Civ. P., provides: (1) Amending as a Matter of Course . A party may amend its pleading once as a matter of course wi
Summary: ORDER BOYD N. BOLAND, Magistrate Judge. This matter arises sua sponte. The action was commenced on August 4, 2011, by the filing of a Complaint. [Doc. # 1]. The defendants filed their Answer [Doc. # 13] on October 4, 2011. On January 6, 2012, the plaintiff filed an Amended Complaint [Doc. # 27]. She did not seek nor obtain leave to amend the complaint. Rule 15(a), Fed. R. Civ. P., provides: (1) Amending as a Matter of Course . A party may amend its pleading once as a matter of course wit..
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ORDER
BOYD N. BOLAND, Magistrate Judge.
This matter arises sua sponte.
The action was commenced on August 4, 2011, by the filing of a Complaint. [Doc. # 1]. The defendants filed their Answer [Doc. # 13] on October 4, 2011.
On January 6, 2012, the plaintiff filed an Amended Complaint [Doc. # 27]. She did not seek nor obtain leave to amend the complaint. Rule 15(a), Fed. R. Civ. P., provides:
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b)(, (e), or (f), whichever is earlier.
(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.
Here, amendment requires either the written consent of the defendants or leave of court, neither of which is present.
IT IS ORDERED that the Amended Complaint [Doc. # 27] is STRICKEN.
Source: Leagle
