Burlingham v. Brown
This text of Burlingham v. Brown (Burlingham v. Brown) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 KELLIE BURLINGHAM, CASE NO. C20-0586-JCC 10 Plaintiff, MINUTE ORDER 11 v. 12 MICHAEL BROWN, et al., 13 Defendants. 14
15 The following Minute Order is made by direction of the Court, the Honorable John C. 16 Coughenour, United States District Judge: 17 This matter comes before the Court sua sponte. Plaintiff filed an amended complaint on 18 October 23, 2020, (Dkt. No. 16), which is more than 21 days after Defendants answered the 19 initial complaint, (see Dkt. No. 10). Accordingly, before filing an amended complaint, Plaintiff 20 was required to obtain Defendants’ written consent or the Court’s leave. See Fed. R. Civ. P. 21 15(a)(1)–(2). Plaintiff did not obtain the Court’s leave and there is no indication on the docket 22 that Plaintiff obtained Defendants’ written consent. Therefore, the Court exercises its inherent 23 power and STRIKES Plaintiff’s amended complaint (Dkt. No. 16). See Ready Transp., Inc. v. 24 A.A.R. Mfg., Inc., 627 F.3d 402, 404–05 (9th Cir. 2010). If Plaintiff wishes to file an amended 25 complaint, Plaintiff must seek Defendants’ consent or leave of the Court pursuant to Rule 26 15(a)(2). 1 DATED this 27th day of October 2020. 2 William M. McCool Clerk of Court 3 s/Tomas Hernandez 4 Deputy Clerk 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
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Burlingham v. Brown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burlingham-v-brown-wawd-2020.