(PS) Narayan v. County of Sacramento ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PRAKASH NARAYAN, No. 2:19-cv-00466-TLN-CKD (PS) 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 18 Presently before the court is defendants’ objection to plaintiff’s second amended 19 complaint. (ECF No. 78.) On June 15, 2020, plaintiff, without leave of court and without written 20 consent from defendants, filed a document entitled “Second Amended Complaint.” (ECF No. 21 77.) Defendants move to strike plaintiff’s filing. (ECF No. 78.) 22 A party may amend a pleading once “as a matter of course” within 21 days after serving it 23 or within 21 days after service of a Rule 12 motion, whichever occurs earlier. Fed. R. Civ. P. 24 15(a)(1). After the time for amendment as a matter of course has expired, a plaintiff may amend 25 a complaint only by obtaining the court’s permission or the adverse party’s written consent. Fed. 26 R. Civ. P. 15(a)(2). If a plaintiff files his or her amended complaint without leave of court or 27 written consent, as required under Rule 15(a)(2), it has no legal effect. Hoover v. Blue Cross & 28 2h VOUT PINOY INEZ MMU OI Ie Yh ev 1 | Blue Shield, 855 F.2d 1538, 1544 (11th Cir. 1988) (amended complaint had no legal effect 2 | because plaintiff improperly filed the amendment). 3 Here, it is undisputed that plaintiff did not file his amended complaint within the 4 | timeframe of Rule 15(a)(1), meaning plaintiff had to file his amended complaint pursuant to Rule 5 | 15(a)(2). It is also undisputed that plaintiff has not requested leave of court or received 6 | defendants’ written consent. Thus, plaintiff's filing, entitled “Second Amended Complaint,” has 7 | no legal effect. 8 Accordingly, it is HEREBY ORDERED that plaintiffs “Second Amended Complaint” 9 | (ECF No. 77) is STRICKEN. This matter will proceed on plaintiffs operative First Amended 10 || Complaint (ECF No. 12) unless otherwise ordered. AL. ft % FF Dated: July 1, 2020 CA rd / Lz o~—, CAROLYN K. DELANEY 13 UNITED STATES MAGISTRATE JUDGE 14 | 16.nara.466 15 16 17 18 19 20 21 22 23 24 25 26 27 28