BLISS v. ETM TAMIAMI, LLC, 2:14-cv-710-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150305941
Visitors: 4
Filed: Mar. 04, 2015
Latest Update: Mar. 04, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on review of the docket. On February 24, 2015, Plaintiffs filed an Amended Complaint ( Doc. #17 ). Federal Rule of Civil Procedure 15 allows plaintiffs the right to amend their complaint once within 21 days of serving it. Fed. R. Civ. P. 15(a)(1) . Otherwise, plaintiffs may amend their complaint "only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2) . Here, Pla
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on review of the docket. On February 24, 2015, Plaintiffs filed an Amended Complaint ( Doc. #17 ). Federal Rule of Civil Procedure 15 allows plaintiffs the right to amend their complaint once within 21 days of serving it. Fed. R. Civ. P. 15(a)(1) . Otherwise, plaintiffs may amend their complaint "only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2) . Here, Plai..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on review of the docket. On February 24, 2015, Plaintiffs filed an Amended Complaint (Doc. #17). Federal Rule of Civil Procedure 15 allows plaintiffs the right to amend their complaint once within 21 days of serving it. Fed. R. Civ. P. 15(a)(1). Otherwise, plaintiffs may amend their complaint "only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Here, Plaintiffs failed to file their Amended Complaint within Rule 15(a)(1)'s 21-day deadline. Nor did Plaintiffs seek leave of the Court or notify the Court that Defendants consented to this filing. The Court, therefore, strikes Plaintiffs' Amended Complaint (Doc. #17) from the docket.
In addition, on February 27, 2015, Plaintiffs filed a Reply to Defendant's Response in Opposition to Plaintiffs' Motion to Dismiss Defendant's Counterclaims. (Doc. #19). Under Middle District of Florida Local Rule 3.01(c), a party must seek leave of Court before filing a reply memorandum directed to a pending motion. Here, Plaintiffs acknowledge in a Notice that they failed to obtain prior leave of the Court before filing their Reply. (Doc. #20). Consequently, the Court strikes Plaintiff's Reply (Doc. #19) from the docket.
Accordingly, it is now
ORDERED:
1. The Clerk of Court shall STRIKE Plaintiffs' Amended Complaint (Doc. #17).
2. The Clerk of Court shall STRIKE Reply to Defendant's Response in Opposition to Plaintiff's Motion to Dismiss (Doc. #19).
DONE and ORDERED.
FootNotes
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Source: Leagle
