United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
the Court is Defendant's Response to Amended Complaint
and Rule 12(f) Motion to Strike. (R. Doc. 25). The deadline
for filing an opposition has expired. LR 7(f). Accordingly,
the instant motion is unopposed.
November 13, 2018, Plaintiff commenced this action on a form
complaint, seeking recovery under Title VII and the Americans
with Disabilities Act (“ADA”) against the sole
defendant, RaceTrac Petroleum (“RaceTrac”). (R.
Doc. 1). On November 19, 2018, Plaintiff filed an
“amended” form complaint to add a claim of
“retaliation” against RaceTrac. (R. Doc. 4).
Court set a deadline for amending the pleadings on August 1,
2019. (R. Doc. 22).
25, 2019, Plaintiff filed a Second “Amended
Complaint” into the record without seeking leave of
court. (R. Doc. 24). The pleading identifies Allison Moran,
Lenny Kutz, Jonas Camacho, and Cigna Insurance Company as
additional defendants. The amended pleading does not identify
the claims raised against these new defendants, but states
that the “amendment asserts a claim or defense that
arose out of the conduct, transactions, or occurrence set out
or attempted to be set out in [the] original pleading.”
(R. Doc. 24 at 3).
now seeks an order striking and/or dismissing the amended
pleading “(i) for procedural reasons due to
Plaintiff's failure to first obtain leave of court before
filing the amended complaint; and (ii) for substantive
reasons and because Plaintiff's amended complaint is
futile such that it fails to state a claim upon which relief
may be granted as a matter of law.” (R. Doc. 25 at 5).
RaceTrac argues that amendment is futile because Allison
Moran, Lenny Kutz, Jonas Camacho cannot be held individually
liable under Title VII or the ADA, and Cigna Insurance
Company cannot be held liable under Title VII or the ADA
because it was not Plaintiff's employer during the
relevant time period. (R. Doc. 25 at 4-5).
Rule 15, after the period for amending as a matter of course
elapses, “a party may amend its pleading only
with the opposing party's written consent or the
court's leave” and a “court should
freely give leave when justice so requires.”
Fed.R.Civ.P. 15(a)(2). The rule “evinces a bias in
favor of granting leave to amend.” Martin's
Herend Imports, Inc. v. Diamond & Gem Trading U.S.A.
Co., 195 F.3d 765, 770 (5th Cir. 1999) (quoting
Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 597
(5th Cir. 1981)). Although leave to amend should not be
automatically granted, “[a] district court must possess
a substantial reason to deny a request for leave to
amend[.]” Jones v. Robinson Prop. Grp., L.P.,
427 F.3d 987, 994 (5th Cir. 2005) (quotations omitted). The
Court may consider several factors when determining whether
to grant leave to amend, including “undue delay, bad
faith or dilatory motive on the part of the movant, repeated
failure to cure deficiencies by amendments previously
allowed, undue prejudice to the opposing party by virtue of
allowance of the amendment, [and] futility of the amendment.
. . .” See Rhodes v. Amarillo Hosp. Dist., 654
F.2d 1148, 1153 (5th Cir. 1981) (quoting Foman v.
Davis, 371 U.S. 178, 182 (1962)).
did not obtain (1) RaceTrac's written consent or (2)
leave of court with respect to the amended pleading as
required by the Federal Rules of Civil Procedure.
Accordingly, the Court will strike Plaintiff's amended
pleading on the basis that it was procedurally improper.The
Court will provide additional time for Plaintiff to file a
motion for leave of court to file an amended complaint, along
with a copy of the proposed complaint attached to the motion.
Court also notes that based on the amended complaint filed
(R. Doc. 24), it remains unclear what claims Plaintiff is
seeking to raise against the four defendants named in the
amended pleading. Any motion for leave to file a new amended
complaint shall specifically address the arguments raised by
RaceTrac in the instant motion.
on the foregoing, IT IS ORDERED that
Defendant's Motion (R. Doc. 25) is
GRANTED to the extent RaceTrac seeks an
order striking the amended pleading from the record. The
Clerk's office shall STRIKE
Plaintiff's Second Amended Complaint (R. Doc. 24) from
the record. The deadline to amend the pleadings is extended
for the sole purpose of providing Plaintiff the opportunity
to file a proper motion for leave to amend the ...