Steiner

The plaintiff has filed a motion for an order modifying the order heretofore granting the motion to dismiss as to the defendants Twentieth Century-Fox Film Corporation, Fox West Coast Theatres Corporation, Avenue Fifty-Eight and Pasadena Corporation, and National Theatres Corporation, and for leave to amend the plaintiff’s amended and supplemental complaint. The judgment granting the motion to dismiss having been made and entered on July 13, 1953, the within motion will be considered as a motion to vacate the judgment concerning the matters touched on by the motion.

The motion is to exclude from the judgment of dismissal the National Theatres Corporation, and also a motion to amend the complaint by alleging that on September 27, 1952 the said defendant National Theatres Corporation commenced to do business in the State of California.

Both motions are denied.

Under Rule 15(a), Fed.Rules Civ.Proc. 28 U.S.C.A., a plaintiff may amend his complaint before answer or responsive pleading at least once as a matter of course. Other amendments require an order of court before being permitted. The plaintiff has heretofore filecl an amended complaint, and hence the proposed amendment can…