Norwood v. Renown Hospital ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 CARLOS CHAVEZ NORWOOD, III, Case No. 3:24-CV-00019-ART-CLB 5 Plaintiff, ORDER STRIKING FOURTH AMENDED COMPLAINT 6 v. [ECF No. 17] 7 RENOWN HOSPITAL, et al., 8 Defendants. 9 Before the Court is Plaintiff Carlos Chavez Norwood’s (“Norwood”) fourth amended 10 complaint. (ECF No. 39.) For the reasons discussed below, the Court strikes the amended 11 complaint and directs Norwood to file a motion for leave to amend, if he chooses to do 12 so. 13 Federal Rule of Civil Procedure 15(a)(1) allows a party to amend its pleading once 14 as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to 15 which a responsive pleading is required, 21 days after service of a responsive pleading. 16 Fed. R. Civ. P. 15(a)(2) further instructs that “[i]n all other cases, a party may amend its 17 pleading only with the opposing party’s written consent or the court’s leave. The court 18 should freely give leave [to amend a pleading] when justice so requires,” and there is a 19 strong public policy in favor of permitting amendment. Bowles v. Reade, 198 F.3d 752, 20 757 (9th Cir. 1999). Further, LR 15-1 requires a party to attach proposed amended 21 pleadings to a motion seeking leave of court to file an amended pleading. 22 Here, Norwood filed his proposed fourth amended complaint without leave and 23 without an accompanying motion or points and authorities in support of his proposed 24 amended complaint. Accordingly, the Court will strike Norwood’s fourth amended 25 complaint, (ECF No. 39), for his failure to follow Fed. R. Civ. P. 15, and LR 15-1. 26 /// 27 /// 1 Accordingly, IT IS ORDERED that Norwood’s proposed fourth amended 2| complaint, (ECF No. 39), is STRICKEN. 3| DATED: _ January 30,2024 _. 4 UNITED STATES\MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28