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Northern v. Susquehanna University

United States District Court, M.D. Pennsylvania

June 25, 2019

VICTOR E. NORTHERN, Plaintiff
v.
SUSQUEHANNA UNIVERSITY, Defendant

          Brann, Judge

          MEMORANDUM ORDER

          Martin C. Carlson United States Magistrate Judge

         I. Statement of Fact and of The Case

          This 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. (Doc. 48.)

         Notwithstanding 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.

         II. Discussion

         Northern 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 motion.
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 ...

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