A.G., a minor, by and through her guardian ad litem, et al. v. County of Tulare, et al.

Summary

The United States District Court for the Eastern District of California denied without prejudice the parties’ stipulation to amend the complaint to substitute California Forensic Medical Group for a previously named Doe defendant. The court found that the stipulation did not conclusively establish consent by all defendants under Federal Rule of Civil Procedure 15(a)(2), and set November 10, 2025, as the deadline for amendments unless further time was granted.

Holdings

1. Under Federal Rule of Civil Procedure 15(a)(2), amendment by stipulation requires the written consent of all opposing defendants; signatures alone are insufficient when the stipulation does not purport to be made on behalf of all defendants.
2. The court denied the stipulation to amend without prejudice and permitted plaintiffs either to submit a compliant stipulation with all defendants' consent or to file a motion to amend.

Questions Presented

1. Whether the stipulation satisfied Federal Rule of Civil Procedure 15(a)(2)'s requirement of written consent from all defendants for amendment of the complaint.
2. Whether the court should deny the stipulation without prejudice because the document did not conclusively establish that all defendants consented to the amendment.

Disposition

denied without prejudice