The opinion of the court was delivered by: Magistrate Judge Carlson
I. Statement of Facts and of the Case
This matter comes before the Court for consideration of the Plaintiff's motion to refile the amended complaint previously ordered stricken by the district court on May 25, 2010. (Doc. 70.)With respect to this motion, the pertinent facts can be simply stated:
This case is a civil rights action filed by the Plaintiff, through counsel, on May 17, 2009. (Doc. 1.) In its original form, the Plaintiff's complaint named 13 defendants, and included a wide array of claims. (Id.) The Defendants filed motions to dismiss the complaint in July, September, October and December of 2009, (Docs. 7, 18, 23, 30 ) that were briefed by the parties, (Docs. 8, 12, 19, 20, 21, 24, 26, 27, 31), and resolved by the district court in an order dated May 25, 2010. (Doc. 47.) While this motion to dismiss was pending, on March 14, 2010, the Plaintiff filed a document styled as an amended complaint. (Doc. 35.) The Plaintiff filed this pleading without obtaining leave of court, and the Defendants responded to this filing by moving to strike the amended complaint. (Docs. 37, 38-43.)
In its May 25, 2010 order the district court specifically addressed this amended complaint, and these motions to strike the amended complaint, ordering that the:
Plaintiff's amended complaint (Doc. No. 35) is STRICKEN for failure to comply with Federal Rule of Civil Procedure 15(a). Accordingly, the Defendants' motions to dismiss the amended complaint (Doc. Nos. 36, 37, 39, 40, 41) are deemed moot. (Doc. 47, p.17.)
In reaching this conclusion the district court cited to Rule 15(a) of the Federal Rules of Civil Procedure, which was amended in December 2009 to provide as follows:
(a) Amendments Before Trial
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b) . . . .
(2) Other Amendments. 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 ...