Yablonsky
Yablonsky v. California Department of Correction & Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA John Henry YABLONSKY, Case No.: 18-cv-1122-AGS Plaintiff, ORDER STRIKING PLAINTIFF’S
THIRD AMENDED COMPLAINT
v. (ECF 118) CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, et al., Defendants. 10 On March 22, 2021, plaintiff Yablonsky moved for leave to “extend the deadline for amending [the pleadings].” (ECF 109, at 1.) The Court granted the request. (ECF 116, at 2.) But instead of moving to amend, plaintiff filed a Third Amended Complaint. (ECF 118.) Yablonsky’s filing was improper. In the April 19, 2021 order, the Court granted plaintiff’s request to amend the scheduling order under Fed. R. Civ. P. 16(b). (ECF 116, at 2.) But Yablonsky did not request—and the Court did not grant—leave to amend the pleadings under Fed. R. Civ. P. 15(a). See Fed. R. Civ. P. 15(a)(2) (“[A] party may amend its pleading only with the opposing party’s written consent or the court’s leave.”); see also Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 608 (9th…