Ramirez v. County of San Bernardino

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Plaintiff appealed the district court’s dismissal of his civil rights complaint and the subsequent denial of his motion to reconsider that dismissal. At issue was whether Federal Rule of Civil Procedure 15(a) required plaintiff, who filed his First Amended Complaint with consent of the opposing party, to seek leave of court before filing his Second Amended Complaint. The court found that Rule 15(a) does not impose any such timing mechanism and therefore held that plaintiff was permitted to file his Second Amended Complaint “as a matter of course,” without seeking leave of court. Because the timely filed Second Amended Complaint mooted the motion to dismiss, the court reversed the district court’s grant of defendants’ motion to dismiss the superseded First Amended Complaint and the resulting dismissal of plaintiff’s case. The court remanded for further proceedings. View "Ramirez v. County of San Bernardino" on Justia Law