FINLEY v. REARDON, C 14-00908 CRB. (2014)
Court: District Court, N.D. California
Number: infdco20140603935
Visitors: 7
Filed: Jun. 02, 2014
Latest Update: Jun. 02, 2014
Summary: ORDER CHARLES R. BREYER, District Judge. On April 29, 2014 Defendants filed motions to dismiss. Dkts. 23, 24, 27. On June 2, 2014 Plaintiff filed an Amended Complaint. Dkt. 52. Federal Rule of Civil Procedure 15(a)(1)(b) requires that any amendment to pleadings occur within 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier. Here, more than 21 days elapsed from the date of service on the Rule 12 motions until Plaintiff filed the Amended Complaint. Therefor
Summary: ORDER CHARLES R. BREYER, District Judge. On April 29, 2014 Defendants filed motions to dismiss. Dkts. 23, 24, 27. On June 2, 2014 Plaintiff filed an Amended Complaint. Dkt. 52. Federal Rule of Civil Procedure 15(a)(1)(b) requires that any amendment to pleadings occur within 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier. Here, more than 21 days elapsed from the date of service on the Rule 12 motions until Plaintiff filed the Amended Complaint. Therefore..
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ORDER
CHARLES R. BREYER, District Judge.
On April 29, 2014 Defendants filed motions to dismiss. Dkts. 23, 24, 27. On June 2, 2014 Plaintiff filed an Amended Complaint. Dkt. 52. Federal Rule of Civil Procedure 15(a)(1)(b) requires that any amendment to pleadings occur within 21 days after service of a responsive pleading or a Rule 12 motion, whichever is earlier. Here, more than 21 days elapsed from the date of service on the Rule 12 motions until Plaintiff filed the Amended Complaint. Therefore, for purposes of the pending motions, the Court will not consider the Amended Complaint and the original Complaint ("Petition for Writ of Certiorari") (dkt. 1) is the operative complaint. Briefing on the pending motions has been completed and the Court will hear oral argument, as scheduled, at 10:00 AM on July 11, 2014.
IT IS SO ORDERED.
Source: Leagle
