Palmer v. Milnor

W.D. Washington

Palmer v. Milnor

District Court, W.D. Washington·Decided March 31, 2020·No. 2:19-cv-00961·Unknown

Opinion

HONORABLE RICHARD A. JONES

UNITED STATES DISTRICT COURT AT SEATTLE GENE PALMER,

Plaintiff, Case No. 2:19-cv-00961-RAJ v. ORDER GRANTING MOTION FOR LEAVE TO AMEND TIENNEY MILNOR, HER HUSBAND AND THEIR MARITAL COMMUNITY, AND THEIR MARITAL COMMUNITY, OF LABOR AND INDUSTRIES, OF NORTH AMERICA LOCAL 292, AND DISTRICT COUNCIL OF NORTHERN IDAHO, Defendants.

The matter comes before the Court on Plaintiff’s motion to amend. Dkt. # 22. Amendment to pleadings is governed by Federal Rule of Civil Procedure 15(a). Rule 15(a) “provides that a party’s right to amend as a matter of course terminates 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.” Fed. R. Civ. P. 15(a)(1)(B). “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.” Fed. R. Civ. P. 15(a)(2). “In exercising this discretion, a court must be guided by the underlying purpose of Rule 15 to facilitate a decision on the merits, rather than on the pleadings or technicalities.” Roth v. Garcia Marquez, 942 F.2d 617, 628 (9th Cir. 1991); United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981). Further, the policy of favoring amendments to pleadings should be applied with “extreme liberality.” DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). Having considered the Rule 15 factors, the Court GRANTS Plaintiff’s motion to amend. The Court orders that Plaintiff comply with the format requirements set forth in Fed. R. Civ. P. 10(b) and Local Civil Rule 10(e), including fully numbering the paragraphs in the Amended Complaint and the use of numbered paper. Plaintiff’s Amended Complaint shall be filed no later than 21 days following this order. Having granted Plaintiff leave to amend, the Court DENIES as moot Defendants’ motion to dismiss (Dkt. # 24) and Plaintiff’s motion for an extension of time (Dkt. # 27).

DATED this 31st day of March, 2020. A The Honorable Richard A. Jones United States District Judge

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HONORABLE RICHARD A. JONES

UNITED STATES DISTRICT COURT AT SEATTLE GENE PALMER,

Plaintiff, Case No. 2:19-cv-00961-RAJ v. ORDER GRANTING MOTION FOR LEAVE TO AMEND TIENNEY MILNOR, HER HUSBAND AND THEIR MARITAL COMMUNITY, AND THEIR MARITAL COMMUNITY, OF LABOR AND INDUSTRIES, OF NORTH AMERICA LOCAL 292, AND DISTRICT COUNCIL OF NORTHERN IDAHO, Defendants.

The matter comes before the Court on Plaintiff’s motion to amend. Dkt. # 22. Amendment to pleadings is governed by Federal Rule of Civil Procedure 15(a). Rule 15(a) “provides that a party’s right to amend as a matter of course terminates 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.” Fed. R. Civ. P. 15(a)(1)(B). “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.” Fed. R. Civ. P. 15(a)(2). “In exercising this discretion, a court must be guided by the underlying purpose of Rule 15 to facilitate a decision on the merits, rather than on the pleadings or technicalities.” Roth v. Garcia Marquez, 942 F.2d 617, 628 (9th Cir. 1991); United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981). Further, the policy of favoring amendments to pleadings should be applied with “extreme liberality.” DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). Having considered the Rule 15 factors, the Court GRANTS Plaintiff’s motion to amend. The Court orders that Plaintiff comply with the format requirements set forth in Fed. R. Civ. P. 10(b) and Local Civil Rule 10(e), including fully numbering the paragraphs in the Amended Complaint and the use of numbered paper. Plaintiff’s Amended Complaint shall be filed no later than 21 days following this order. Having granted Plaintiff leave to amend, the Court DENIES as moot Defendants’ motion to dismiss (Dkt. # 24) and Plaintiff’s motion for an extension of time (Dkt. # 27).

DATED this 31st day of March, 2020. A The Honorable Richard A. Jones United States District Judge

Palmer v. Milnor, (W.D. Wash. 2020).

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