United States District Court, M.D. Pennsylvania
VICTOR E. NORTHERN, Plaintiff
SUSQUEHANNA UNIVERSITY, Defendant
C. Carlson United States Magistrate Judge
Statement of Fact and of The Case
is a pro se employment discrimination lawsuit
brought by the plaintiff, Victor Northern, who formerly
worked at Susquehanna University. Northern has filed an
amended complaint, (Doc. 33), which is the operative pleading
in this matter, but has randomly filed other documents which
have purported to further amend or revise this amended
complaint. (Docs. 37, 43, 44.) Concerned that Northern
appeared to be amending his amended complaint in this unusual
and ad hoc fashion on a monthly basis, Susquehanna
University moved to strike these procedurally irregular
filings. (Doc. 45.) On April 26, 2019, We then permitted the
typographical and non-substantive corrections noted by
Northern in these pleadings but ordered the potentially
substantive change proffered by Northern stricken without
prejudice to Northern filing a motion to amend which complies
with all of the requirements of the rules of this court. We
also carefully explained to Northern the requirements of the
local rules with respect to submission of amended complaint.
this clear guidance, Northern has filed a motion to amend
which does not comply with the requirements prescribed by
this court, but instead merely randomly recites some
additional facts that Northern deems pertinent to his case.
(Doc. 55.) Since this motion to amend does not comport with
the rules of this court or our prior guidance to Northern,
the motion will be DENIED.
has been instructed that any future requests to amend must be
made by motion, and must comply with Local Rule 15.1 which
provides as follows:
LR 15.1 Amended Pleadings.
(a) Proposed amendment to accompany the
When a party files a motion requesting leave to file an
amended pleading, the proposed amended pleading must be
retyped or reprinted so that it will be complete in itself
including exhibits and shall be filed on paper as a separate
document or, in the Electronic Filing System, as an
attachment to the motion. If the motion is granted, the clerk
shall forthwith file the amended pleading. Unless otherwise
ordered, an amended pleading that does not add a new
defendant shall be deemed to have been served for the purpose
of determining the time for response under Fed.R.Civ.P.
15(a), on the date the court grants leave for its filing. A
party granted leave to amend its pleading, when the amended
pleading would add a new defendant, shall file and effect
service of the amended pleading within thirty (30) days after
the date of the Order granting leave for its filing.
(b) Highlighting of amendments.
The party filing the motion requesting leave to file an
amended pleading shall provide: (1) the proposed amended
pleading as set forth in subsection (a) of this rule, and (2)
a copy of the original pleading in which stricken material
has been lined through and any new material has been inserted
and underlined or set forth in bold-faced type.
Local Rule 15.1.
This failure to comply with Local Rule 15.1, standing alone,
justifies denial of leave to amend in the exercise of this
court's discretion. Brooks-McCollum v. Emerald Ridge
Serv. Corp.,563 Fed.Appx. 144, 147 (3d Cir.) cert.
denied, 135 S.Ct. 143, 190 L.Ed.2d 46 (2014); Glunk
v. Pennsylvania State ...