UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
)
RON DIXON, as Conservator for )
Beatrice Jiggetts, )
)
Plaintiff, )
)
v. ) Civil Action No. 09-1789 (RWR)
)
MIDLAND MORTGAGE CO., )
)
Defendant. )
______________________________)
MEMORANDUM ORDER
The defendant removed this action from the Superior Court of
the District of Columbia on September 21, 2009 and on
September 28, 2009 moved under Federal Rule of Civil Procedure
12(b)(6) to dismiss the entire complaint, which raised claims of
breach of contract, trespass and conversion. On June 29, 2010,
the defendant’s motion was granted as to the plaintiff’s
conversion claim, but denied as to the plaintiff’s breach of
contract and trespass claims. On August 2, 2010, without seeking
leave to amend, the plaintiff filed an amended complaint
purporting to add a wrongful eviction claim. (Am. Compl. Docket
Entry #14.) Under Rule 15(a), a party may amend its pleading
once as a matter of course within 21 days after it is served, 21
days after service of the responsive pleading if the pleading is
one to which a responsive pleading is required, or 21 days after
service of a motion under Rule 12(b), (e), or (f). Fed. R. Civ.
-2-
P. 15(a)(1). “In all other cases, a party may amend its pleading
only with the opposing party’s written consent or the court’s
leave.” Fed. R. Civ. P. 15(a)(2). Because the plaintiff did not
file timely his amended complaint or seek leave to amend or
submit any written consent from the defendant, it is hereby
ORDERED that plaintiff’s amended complaint [14] be, and
hereby is, STRICKEN.
SIGNED this 27th day of August, 2010.
/s/
RICHARD W. ROBERTS
United States District Judge