Rodrick D. Reese v. Walmart Stores East, LP

Summary

The United States District Court for the Southern District of Alabama construed Rodrick D. Reese’s amended complaint as a motion for leave to amend because it was filed outside the period for amendment as a matter of course under Federal Rule of Civil Procedure 15(a)(1). The Court ordered Walmart Stores East, LP to respond to the motion for leave to amend by January 9, 2026, and noted that Walmart’s motion for an enlargement of time was moot.

Holdings

1. An amended complaint filed outside the period for amendment as a matter of course may be construed as a motion for leave to amend where the court would have granted leave and allowing the amendment would not prejudice the opposing party.

Questions Presented

1. Whether an amended complaint filed more than 21 days after service of a Rule 12 motion may be treated as a motion for leave to amend when the pleading appears curative and allowing amendment would not prejudice the opposing party.
2. Whether the court should strike the amended complaint or instead construe it as a motion for leave to amend under the liberal amendment policy of Federal Rule of Civil Procedure 15(a)(2).

Disposition

other