DYE v. POMPEO
| RICHARD WAYNE DYE |
| MIKE POMPEO and MIRACLE SYSTEMS |
| 1:2019cv01645 |
| June 5, 2019 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e |
| Plaintiff |
Docket Report
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| Set/Reset Deadlines: Plaintiff to file a Supplement to his Motion for Leave to File Amended Complaint by 8/5/2019. (dot) |
MINUTE ORDER: The Court is in receipt of Plaintiff's #6 Motion for Leave to File Amended Complaint. Plaintiff filed his complaint on June 5, 2019, and Defendant Miracle Systems filed a Motion to Dismiss on June 26, 2019. On July 26, 2019, Plaintiff moved under Federal Rule of Civil Procedure 15(a)(1)(B) for leave to amend the complaint. Under that Rule, a party may amend its pleading once as a matter of course if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f) whichever is earlier. Fed. R. Civ. P. 15(a)(1)(B). Defendant Miracle Systems filed a Motion to Dismiss pursuant to Rule 12(b)(6) on June 26, 2019. As such, Plaintiff's deadline to amend its pleading as a matter of course was July 17, 2019. As Plaintiff did not move to amend until July 26, 2019, it appears to the Court that Plaintiff cannot amend his Complaint as a matter of course under Rule 15(a)(1)(B). The court ORDERS Plaintiff to file a Supplement to his Motion for Leave to File Amended Complaint by AUGUST 5, 2019. In the Supplement, Plaintiff should explain why amendment under Rule 15(a)(1)(B) is still permissible. If such amendment is not permissible, Plaintiff may still file leave to amend under Rule 15(a)(2) "with the opposing party's written consent or the court's leave." As such, if Plaintiff agrees that amendment is not permissible under Rule 15(a)(1)(B), Plaintiff's Supplement should contain Defendants' written consent for amendment or explain why justice requires that leave to amend be granted. Signed by Judge Colleen Kollar-Kotelly on 7-29-2019. (lcckk3)
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| Filing 6 MOTION for Leave to File Amended Complaint by RICHARD WAYNE DYE (Attachments: #1 Amended Complaint, #2 Amended Complaint (redline))(Hyman, Neil) |
| Filing 5 NOTICE of Appearance by April Denise Seabrook on behalf of All Defendants (Seabrook, April) |
| Set/Reset Deadlines: Plaintiff's Response to #4 due by 7/26/2019; Defendant's Reply due by 8/9/2019. (dot) |
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MINUTE ORDER: The Court is in receipt of Defendant Miracle Systems' #4 Motion to Dismiss. The Court ORDERS Plaintiff to file a Response to Defendant's Motion by JULY 26, 2019. The Court further ORDERS Defendant Miracle Systems to file a Reply in support of its Motion by AUGUST 9, 2019. Signed by Judge Colleen Kollar-Kotelly on 7/1/2019. (lcckk3)
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| Filing 4 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by MIRACLE SYSTEMS (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Calamis, Nat) |
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Filing 3
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 05/6/19. (DM)
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| Filing 2 SUMMONS (2) Issued Electronically as to MIRACLE SYSTEMS and U.S. Attorney. (Attachments: #1 Notice and Consent)(zef, ) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-6166199) filed by Richard Dye. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Hyman, Neil) (Attachment 1 replaced on 6/5/2019) (zef, ). |
| Case Assigned to Judge Colleen Kollar-Kotelly. (zef, ) |
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