Sexton

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SCOTT SEXTON, No. 2:21-cv-00898-TLN-AC Plaintiff, v. ORDER SPIRIT AIRLINES, INC., Defendant. 16 This matter is before the Court on Defendant Spirit Airlines, Inc.’s (“Defendant”) Motion to Strike and Motion to Dismiss, or in the alternative Motion for Summary Judgment. (ECF No. 7.) Plaintiff Scott Sexton (“Plaintiff”) filed an opposition. (ECF No. 8.) Defendant filed a reply. (ECF No. 10.) For the reasons set forth below, Defendant’s motion is GRANTED. In its motion, Defendant moves to strike the FAC as untimely, arguing “Plaintiff had 21 days to amend his Complaint as a matter of right following the filing and service of Defendant’s Answer on May 14, 2021” under Rule 15(a)(1)(B) and failed to amend within this period. (ECF No. 7-1 at 10.) Defendant contends, therefore, that Plaintiff was required to seek leave from this Court to amend the Complaint. (Id. at 10–11.) Defendant also argues the FAC is improper and…