Mike Morgan v. A. Espinoza, et al.

Summary

The United States District Court for the Eastern District of California struck Plaintiff Mike Morgan’s second amended complaint because it was filed without leave of court or a stipulation of all parties. The action proceeds on the first amended complaint against Defendants Davies and Espinoza.

Holdings

1. Plaintiff could not amend the pleading as of right because the second amended complaint was filed more than 21 days after service of a responsive pleading and was not filed pursuant to a stipulation; leave of court was therefore required.
2. The second amended complaint was stricken because it was filed without the required leave of court or stipulation.

Questions Presented

1. Whether Plaintiff could file a second amended complaint without leave of court or a stipulation under Federal Rule of Civil Procedure 15.
2. Whether the improperly filed second amended complaint should be stricken and the action allowed to proceed on the first amended complaint.

Disposition

other