Arnold A. Noel v. Brian Coutcher, et al.

Summary

This Report and Recommendation addresses the plaintiff’s motion to compel issuance of summonses and confirm that a Third Amended Complaint was the operative pleading. The magistrate judge recommends denying the motion and striking the Third Amended Complaint because it was filed without a motion to amend, contrary to the District of Rhode Island’s local rules and Federal Rule of Civil Procedure 15.

Holdings

1. The magistrate judge recommended denying the motion to compel issuance of summonses because Noel filed the Third Amended Complaint without complying with the applicable amendment procedures.
2. The magistrate judge recommended finding the Third Amended Complaint ineffective because Noel's time to amend as a matter of course had expired and he obtained neither opposing-party consent nor leave of court.
3. The magistrate judge recommended denying Noel's request to confirm the Third Amended Complaint as the sole operative pleading and recommended striking it from the record.

Questions Presented

1. Whether the court should compel issuance of summonses for a Third Amended Complaint filed without a motion to amend.
2. Whether the Third Amended Complaint was effective when filed without compliance with District of Rhode Island Local Rule Cv 15 and Federal Rule of Civil Procedure 15.
3. Whether the court should recognize the Third Amended Complaint as the sole operative pleading.

Disposition

other