Lakeith L. McCoy v. Darrin King, et al.

Summary

The United States District Court for the Eastern District of California grants LaKeith L. McCoy’s motion to amend his 42 U.S.C. § 1983 civil rights complaint. The court directs the Clerk to docket the lodged first amended complaint as the operative complaint and directs defendants to respond within 14 days. The court terminates the defendants’ motion to dismiss and request for judicial notice as moot and denies their motion to stay as moot.

Holdings

1. A party may amend its pleading without leave of court once as a matter of course within 21 days after service of a motion under Rule 12(b), (e), or (f); plaintiff timely lodged his proposed amended complaint and was entitled to amend.
2. The proposed first amended complaint became the operative complaint, and defendants' motion to dismiss directed at the prior complaint was moot.
3. Defendants' motion to stay was denied as moot because the motion to dismiss on which the requested stay was based was terminated as moot.

Questions Presented

1. Whether plaintiff could amend his complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1)(B).
2. Whether the proposed first amended complaint should be docketed as the operative complaint.
3. Whether defendants' motion to dismiss, request for judicial notice, and motion to stay became moot upon the filing of the amended complaint.

Disposition

other