Jordyn Rocha v. All Things Go LLC

Summary

The court disregarded Plaintiff's first amended complaint because it was filed without leave after the time to amend as a matter of course had expired. The court vacated the initial scheduling conference and ordered Plaintiff to file a motion for default judgment based on the original complaint within 35 days, warning that noncompliance could result in a recommendation of dismissal for failure to prosecute.

Holdings

1. Plaintiff's first amended complaint was properly disregarded because the time to amend as a matter of course had expired and Plaintiff had not moved for leave to amend.
2. Entry of default and default judgment are separate steps. After entry of default, Plaintiff must file an appropriate motion for default judgment under Federal Rule of Civil Procedure 55(b)(1) or (2).

Questions Presented

1. Whether Plaintiff could file a first amended complaint as a matter of course after the applicable period had expired without obtaining leave of court.
2. What procedural steps were required after entry of default before Plaintiff could obtain a default judgment.

Disposition

other