Summary
The United States District Court for the Northern District of California granted Defendants’ motion to strike Jalon R. Hall’s second amended complaint. The court held that Hall filed the second amended complaint without obtaining the opposing parties’ written consent or the court’s leave, as required by Federal Rule of Civil Procedure 15.
Holdings
- A party may not file a second amended complaint without opposing-party consent or court leave when the amendment is not permitted as a matter of course under Rule 15(a)(1). A scheduling-order deadline for filing the amendment does not eliminate the separate requirements of Rule 15(a)(2).
Questions Presented
- Whether Plaintiff could file a second amended complaint without obtaining Defendants' written consent or leave of court under Federal Rule of Civil Procedure 15.
Disposition
other
Cases Cited (1)
- P. Marine Ctr., Inc., No. 1:09 CV 1409 LJO-GSA, 2010 WL 3034510, at *2 (E.D. Cal. July 30, 2010)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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