Lee v. Admiral Insurance Company
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY HUNT LEE, Case No. 20-cv-07053-AGT
Plaintiff, ORDER DISCHARGING ORDER TO
SHOW CAUSE, GRANTING LEAVE
v. TO FILE SECOND AMENDED
COMPLAINT, TERMINATING
CLEAR BLUE SPECIALTY INSURANCE DEFENDANT BERKLEY INSURANCE COMPANY, et al., COMPANY’S MOTION TO DISMISS AS MOOT Defendants.
On December 23, 2020, defendant Berkley Insurance Company (“Berkley”) filed a motion to dismiss plaintiff’s first amended complaint. ECF No. 21. Plaintiff did not file a timely opposition and instead, on January 12, 2021, plaintiff filed a purported second amended complaint, ECF No. 23, without leave of court or written consent from the opposing parties as required by Federal Rule of Civil Procedure 15(a)(2). Berkley objected to the second amended complaint, ECF No. 24, and on January 20, the Court ordered plaintiff to show cause why the second amended complaint should not be stricken for failure to comply…