Sandoval
Sandoval v. U.S. Customs and Border Protection
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JENNY SANDOVAL, Case No.: 23cv1461-JES (BLM)
Plaintiff,
ORDER STRIKING AMENDED
v. COMPLAINT
UNITED STATES CUSTOM AND [ECF No. 6]
BORDER PROTECTION; MANUEL
15 ACEVEDA; PAUL GARDIA; and Does 1-100, inclusive, Defendants. On November 30, 2023, Defendant the United States of America filed a motion to dismiss. ECF No. 5. On January 10, 2024, Plaintiff filed a First Amended Complaint (“FAC”). ECF No. 6. Federal Rule of Civil Procedure 15 governs amendment of pleadings. Under Rule 15(a), a plaintiff may amend a pleading as a matter of course either “21 days after serving it” or “if the pleading is one to which a responsive pleading is required, . . . 21 days after service of a motion under Rule 12(b), (e), or (f) . . . .” Fed. R. Civ. P. 15(a)(1). “In all other cases, a party may amend its pleading only with the opposing party’s written consent or the court’s leave.” Fed. R. Civ. P.…