Cooper v. Whatcom County ( 2021 )

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 JESSE G. COOPER, et al., CASE NO. C19-1684-JCC 10 Plaintiffs, ORDER 11 v. 12 WHATCOM COUNTY, et al., 13 Defendants. 14 15 This matter comes before the Court on the parties’ stipulated motion for leave for certain 16 Whatcom County Defendants1 and Defendant Adam Miller to amend their answers (Dkt. No. 17 53). Plaintiffs consents to the amendments, and they are proper under Rule 15. See Fed. R. Civ. 18 P. 15(a)(2) (“a party may amend its pleading . . . with the opposing party’s consent”). “Once the 19 adverse party has consented to the amendment of a pleading, the court has no control over the 20 matter under Rule 15(a).” Fern v. United States, 213 F.2d 674, 677 (9th Cir. 1954). 21 Accordingly, the Court GRANTS the parties’ stipulated motion. Defendants must file the 22 amended answers within 14 days of this order. The amended answers may not differ from the 23 answers attached to the parties’ motion at Docket Number 53. 24 25 1 Defendants Whatcom County, Bill Elfo, Wendy Jones, Caleb Erickson, Stuart Andrews, Cheryl Cardinal, Matt Turner, Jason McDonald, Matthew Charroin, Tim Kiele, Jeffrey Hindman, Violet 26 Ignashova, Miriah Brown, Joshua Farmer, and John Does 1-10. 1 DATED this 19th day of January 2021. A 2 3 4 John C. Coughenour 5 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26