Platz v. Dempsey

Summary

The court addressed Plaintiff William L. Platz, Jr.'s motion for leave to amend his pro se civil rights complaint. Because Defendant had not served a responsive pleading or Rule 12(b) motion and the amendment was within the applicable period, the court terminated the motion as moot and accepted the amended complaint.

Holdings

1. Plaintiff did not need leave to amend because he was entitled to amend his complaint once as a matter of course under Federal Rule of Civil Procedure 15(a)(1), before service of an answer or Rule 12(b) motion.
2. The motion for leave to amend was terminated as moot, and Plaintiff's amended complaint was accepted.

Questions Presented

1. Whether Plaintiff required leave of court to amend his complaint under Federal Rule of Civil Procedure 15(a).
2. Whether Plaintiff's motion for leave to amend should be terminated as moot and the proposed amended complaint accepted.

Disposition

other