Lanier v. Specialized Loan Servicing, LLC
- Jon Tigar
- 4:23-cv-01396
- U.S. District Court · Northern District of California
- 2
In Lanier v. Specialized Loan Servicing, LLC, Judge Tigar struck Lanier’s untimely third amended complaint while leaving defendants’ dismissal motion pending.
Christine Lanier’s third amended complaint was struck; defendants’ motion to dismiss remained pending.
What happened
In Lanier v. Specialized Loan Servicing, LLC, Christine Lanier filed a third amended complaint without asking the court for permission. Defendants had already filed a motion to dismiss her second amended complaint.
The court said that, even if Lanier could amend without permission, she had to do so within 21 days after the motion to dismiss was served. She filed the third amended complaint 60 days after that motion, so the court struck it.
Judge Jon S. Tigar did not decide defendants’ motion to dismiss; he left that motion under submission.
The detailed version
- Lanier v. Specialized Loan Servicing, LLC · No. 4:23-cv-01396
- Jon Tigar
- Jan. 24, 2024
Background
Christine Lanier filed a second amended complaint on October 30, 2023. Defendants filed a motion to dismiss that complaint on November 13, 2023. On January 12, 2024, Lanier filed a third amended complaint without leave of court, meaning without the court’s permission.
Analysis
The court did not decide whether Lanier had the right to file a second amended complaint without permission. It said that, even if she had that right, Federal Rule of Civil Procedure 15(a)(1)(B) required her to file the amendment within 21 days after service of a responsive pleading or a motion under Rule 12(b), (e), or (f), whichever was earlier. Because she filed the third amended complaint 60 days after defendants filed their motion to dismiss, the amendment was not timely.
Ruling
The court struck Lanier’s third amended complaint. Defendants’ motion to dismiss remained under submission. The order did not decide that motion or the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.