Jones v. Stofferahn
- Wilhelmina Wright
- 0:23-cv-02386
- U.S. District Court · District of Minnesota
- 2
In Jones v. Stofferahn, Judge Docherty granted Austin Jeffrey Jones permission to amend his complaint before defendants were served.
The ruling directly affects plaintiff Austin Jeffrey Jones by allowing him to file an amended complaint. The court stated that the defendants had not yet been served.
What happened
In Jones v. Stofferahn, Austin Jeffrey Jones asked to amend his complaint. The court noted that no defendant had been served with the original complaint.
The court treated the request as Jones’s one amendment allowed automatically under Federal Rule of Civil Procedure 15(a)(1). It granted the motion and allowed Jones to file the attached amended complaint.
Judge Docherty ordered Jones to file the amended complaint by October 17, 2023.
The detailed version
- Jones v. Stofferahn · No. 0:23-cv-02386
- Wilhelmina Wright
- Oct. 3, 2023
Background
Austin Jeffrey Jones filed his original complaint on August 7, 2023, and moved to amend it. The opinion states that no summonses had been returned executed, so the court presumed that Jones had not yet served the summons and complaint on any defendant.
Rule and analysis
Federal Rule of Civil Procedure 15(a)(1) allows a party to amend a complaint once automatically, within specified time limits. Because the defendants apparently had not been served and Jones had not previously amended his complaint, the court treated his motion as his one automatic amendment under the rule.
Ruling
The court GRANTED Jones’s Motion to Amend Complaint to the extent that he may amend his complaint as a matter of course under Rule 15(a)(1). The court ordered him to file the amended complaint attached to his motion by October 17, 2023. The order was signed by United States Magistrate Judge John F. Docherty.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.