Brown v. Michaelis

• Court: District Court, W.D. Washington
• Decided: June 6, 2023
• Docket: 2:22-cv-00828
• Status: Unknown

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 MAURICE ANTHONY BROWN, CASE NO. 2:22-cv-00828-LK-GJL 11 Plaintiff, v. ORDER DENYING MOTIONS TO 12 AMEND JACI MICHAELIS, et al., 13 Defendants. 14

15 This matter is before the Court on referral and on Plaintiff’s two Motions for leave to file 16 an Amended Complaint. Dkts. 39, 42. Because Plaintiff has not filed a complete proposed 17 Amended Complaint with his latest Motion for leave to amend (Dkt. 42), the Court denies the 18 Motions (Dkts. 39, 42) without prejudice, meaning that Plaintiff can file a new Motion with a 19 complete proposed Amended Complaint as described below. 20 I. BACKGROUND 21 In his operative Complaint, Plaintiff alleges a variety of claims related to his medical care 22 while in the custody of the Department of Corrections (“DOC”). Dkt. 13. More specifically, 23 24 1 Plaintiff alleges Defendants were deliberately indifferent to his medical needs relating to 2 treatment for his diabetes and a condition with his kidneys. Id. 3 After the Complaint was served and the Court subsequently entered a Pretrial Scheduling 4 Order (see Dkts. 14, 28), Plaintiff filed a Motion for leave to file an Amended Complaint. Dkt.

5 31. However, because Plaintiff failed to file a proposed Amended Complaint with his Motion, 6 the Court denied the Motion for leave to amend without prejudice in an Order entered on March 7 29, 2023. Dkt. 35. The Court also informed Plaintiff he could file a new Motion for leave to 8 amend with a complete proposed Amended Complaint on or before April 28, 2023. See id. 9 On April 26, 2023, Plaintiff filed a Motion for an extension of time to file his Amended 10 Complaint. Dkt. 37. The Court granted Plaintiff’s Motion on May 1, 2023, directing Plaintiff to 11 file an Amended Complaint on or before May 30, 2023. See Dkt. 38. Also on May 1, 2023, 12 Plaintiff filed a Motion for Leave to file an Amended Complaint with an attached proposed 13 Amended Complaint. Dkt. 39. Defendants responded to the Motion, stating they do not oppose 14 the filing of a second Amended Complaint. Dkt. 41.

15 On May 30, 2023, Plaintiff filed another Motion for leave to file an Amended Complaint. 16 Dkt. 42. In the Motion, Plaintiff seeks to add Defendants and claims for relief, but does not 17 attach a complete proposed Amended Complaint. See id. Rather, the filing seemingly consists of 18 a supplement to the proposed Amended Complaint attached to his earlier Motion. See Dkts. 39, 19 42. 20 II. DISCUSSION 21 Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, 22 (1) Amending as a Matter of Course A party may amend its pleading once as a matter of course within: (A) 21 days 23 after serving it, or (B) if the pleading is one to which a responsive pleading is 24 1 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 (2) Other Amendments 3 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 4 justice so requires.

5 Here, the time for filing an Amended Complaint as a matter of course has expired. See 6 Dkt.; Fed. R. Civ. P. 15(a). In response to Plaintiff’s first Motion for leave to file an Amended 7 Complaint at issue here, Defendants state they do not oppose Plaintiff’s Motion. See Dkt. 41. 8 However, Plaintiff has now filed a second Motion for leave to file an Amended Complaint that 9 adds Defendants and claims, but does not attach a complete proposed Amended Complaint. Dkt. 10 42. See also Local Civil Rule 15 (“A party who moves for leave to amend a pleading, or who 11 seeks to amend a pleading by stipulation and order, must attach a copy of the proposed amended 12 pleading as an exhibit to the motion or stipulation.”). 13 Further, as evidenced by his second Motion for leave to file an Amended Complaint (Dkt. 14 42), Plaintiff seeks to supplement his prior proposed Amended Complaint, but an amended 15 pleading must operate as a complete substitute for the original complaint. See Ferdik v. Bonzelet, 16 963 F.2d 1258, 1262 (9th Cir. 1992) (citing Hal Roach Studios v. Richard Feiner & Co., 896 17 F.2d 1542, 1546 (9th Cir. 1990)). “All causes of action alleged in an original complaint which 18 are not alleged in an amended complaint are waived.” Marx v. Loral Corp., 87 F.3d 1049, 1055- 19 56 (9th Cir. 1996) (quoting King v. Atiyeh, 814 F.2d 565 (9th Cir. 1987)). 20 Because Plaintiff has failed to file a proposed Amended Complaint with the latest Motion 21 for leave to amend which seeks to add Defendants and claims, the Court denies without prejudice 22 the Motions for leave to file an Amended Complaint (Dkts. 39, 42). Plaintiff may file a new 23 Motion with a complete proposed Amended Complaint, on or before July 6, 2023. Should 24 1 Plaintiff choose not to file a new Motion for leave to amend with an attached proposed Amended 2 Complaint by July 5, 2023, the case will proceed with the first Amended Complaint (Dkt. 13) as 3 the operative Complaint. 4 The Court further notes that, in order to amend his first Amended Complaint, Plaintiff

5 must file a complete proposed Amended Complaint, and not a supplement. Plaintiff shall present 6 the Amended Complaint on the form provided by the Court. The Amended Complaint must be 7 legibly rewritten or retyped in its entirety, it should be an original and not a copy, it should 8 contain the same case number, and it may not incorporate any part of the original Complaint by 9 reference. The Amended Complaint will act as a complete substitute for the original Complaint 10 and not as a supplement. 11 III. CONCLUSION 12 For the reasons set forth above, the Court DENIES without prejudice Plaintiff’s Motions 13 for leave to file an Amended Complaint. Dkts. 39, 42. Plaintiff may, however, file a new Motion 14 with a complete proposed Amended Complaint on or before July 6, 2023. If Plaintiff does not

15 file a Motion for leave to amend by July 6, 2023, the case will proceed with Plaintiff’s first 16 Amended Complaint (Dkt. 13) as the operative complaint. 17 The Clerk is directed to send Plaintiff this Order along with the appropriate forms for 18 filing a 42 U.S.C. § 1983 civil rights complaint. 19 Dated this 6th day of June, 2023. 20 A 21 22 Grady J. Leupold United States Magistrate Judge 23 24