United States District Court, W.D. Washington, Tacoma
W. Christel, United States Magistrate Judge
District Court has referred this 42 U.S.C. § 1983 action
filed by Plaintiff Robert E. Lough to United States
Magistrate Judge David W. Christel. Presently before the
Court is Plaintiff's Motion to Amend Cover Page and Title
Page (“Motion to Amend”) and Motion for
Appointment of Counsel (“Motion for Counsel”).
Dkt. 9, 13.
review of the relevant record, the Motion to Amend (Dkt. 9)
is granted and the Motion for Counsel (Dkt. 13) is denied.
Motion to Amend (Dkt. 9)
17, 2019, Plaintiff signed - effectively filing - the Motion
to Amend, which included a proposed amended complaint. Dkt.
9, 9-1. Plaintiff requests leave to amend to remove the State
of Washington as a Defendant and add the Department of Social
and Health Services (“DSHS”) and the Special
Commitment Center (“SCC”) as defendants in this
action. Dkt. 9, p. 3.
to Rule 15(a)(1) of the Federal Rules of Civil Procedure,
A party may amend its pleading once as a matter of course
within: (A) 21 days after serving it, or
(B) 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.
has not previously amended his Complaint in this case.
Further, Plaintiff filed the Motion to Amend ten days after
the Court directed service of the Complaint. See
Dkt. 7, 9. As Plaintiff filed his Motion to Amend within 21
days after the service of the Complaint, the Court finds
Plaintiff may amend his Complaint as a matter of course.
See Trudeau v. Direct Marking Concepts,
Inc., 90 Fed. App'x 486 (9th Cir. 2003) (finding the
plaintiff was allowed to amend his complaint as a matter of
right when the motion to amend was filed before the defendant
filed a responsive pleading).
Plaintiff's Motion to Amend (Dkt. 9) is granted.
Plaintiff's proposed amended complaint, attached to his
Motion to Amend, is hereby deemed filed as Plaintiff's
Amended Complaint. See Dkt. 9-1. The Clerk is
directed to separately docket Plaintiff's proposed
amended complaint (Dkt. 9-1) as Plaintiff's Amended
Waiver of Service
Amended Complaint, Plaintiff named two new Defendants - DSHS
and SCC. See Dkt. 9-1. The two new Defendants must
be served. As counsel for the other named Defendants, Sarah
Jane Coats and Craig B. Mingay, may represent DSHS and SCC,
the Court finds it appropriate to allow counsel an
opportunity to waive service prior to the Court directing the
Clerk's Office to mail service packets to Defendants DSHS
the Court directs the Clerk to attach waivers of service for
Defendants DSHS and SCC to this Order. Counsel for Defendants
shall have until July 19, 2019, to return
the waiver of service of summons for Defendants DSHS and SCC.
If counsel returns the signed waivers, Defendants DSHS and
SCC shall have sixty (60) days from the date
of this Order to file and serve an answer to the Amended
Complaint or a motion permitted under Rule 12 of the Federal
Rules of Civil Procedure.
Motion for ...