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Curry v. Kaiser Permanente Hospital Foundations

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 20, 2010

JACQUELINE CURRY, PLAINTIFF,
v.
KAISER PERMANENTE HOSPITAL FOUNDATIONS; CNA CALIFORNIA NURSES ASSOCIATION, DEFENDANTS.

ORDER

This case is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). On September 23, 2010, plaintiff filed a complaint in this action. Dckt. No. 1. Then, on October 15, 2010, plaintiff filed a motion to amend the complaint to correct the name of one of the defendants. Dckt. No. 6. Plaintiff attached a copy of the proposed amended complaint to her motion to amend. Id.

Federal Rule of Civil Procedure 15(a)(1) provides that "[a] party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Rule 15(a)(2) provides that "[i]n all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2).

Plaintiff served her initial complaint on both of the defendants on October 1, 2010. Dckt. No. 4. Because 21 days has not yet passed since plaintiff served her initial complaint, she does not need leave of court to file the proposed amended complaint. See Fed. R. Civ. P. 15(a)(1)(A). Therefore, plaintiff's motion for leave to amend her complaint, Dckt. No. 6, is denied as unnecessary. The Clerk's Office is directed to file plaintiff's proposed amended complaint, Dckt. No. 6, Ex. B, as a separate docket entry entitled, "First Amended Complaint."

SO ORDERED.

20101020

© 1992-2010 VersusLaw Inc.



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