Hukman v. Westward Dough Holding Co, LLC

District Court, D. Nevada

Hukman v. Westward Dough Holding Co, LLC

Trial Court Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 SHEIDA HUKMAN, Case No. 2:24-cv-00077-RFB-BNW 5 Plaintiff, ORDER 6 v. 7 WESTWARD DOUGH HOLDING CO, LLC, 8 Defendant. 9 10 On March 10, 2025, the Court dismissed Plaintiff’s complaint without prejudice and with 11 leave to amend, giving Plaintiff until April 25, 2025 to file her amended complaint. ECF No. 43. 12 On April 25, 2025, Plaintiff filed a motion for leave to amend her complaint. ECF No. 50. 13 Because the Court granted Plaintiff leave to amend in its March 10 Order, Plaintiff need not 14 seek leave from the Court to file her amended complaint. As such, the Court provides Plaintiff 15 with instructions for amendment. She must file her amended complaint by May 12, 2025. 16 I. INSTRUCTIONS FOR AMENDMENT 17 To help Plaintiff file a properly formatted complaint, the Court advises Plaintiff of the 18 following requirements under the Federal Rules of Civil Procedure. The document must be titled 19 “Amended Complaint.” Plaintiff’s amended complaint must be short and plain. FED. R. CIV. 20 P.8(a). 21 Additionally, the amended complaint must describe the underlying case and Defendant’s 22 involvement in the case. See FED. R. CIV. P. 8(a)(2). “Each allegation must be simple, concise, 23 and direct.” FED. R. CIV. P. 8(d)(1). Plaintiff “must state [her] claims . . . in numbered paragraphs, 24 each limited as far as practicable to a single set of circumstances.” FED. R. CIV. P. 10(b). “[E]ach 25 claim founded on a separate transaction or occurrence . . . must be stated in a separate count.” Id. 26 Although the Federal Rules of Civil Procedure adopt a flexible pleading standard, Plaintiff still 27 must give Defendant fair notice of Plaintiff’s claims against them and of Plaintiff’s entitlement to 1 || approximate dates of their involvement. Put another way, Plaintiff should tell the Court, in plain 2 || language, what Defendant allegedly did and when. 3 Finally, Plaintiff is advised that when she files an amended complaint, the original 4 || complaint no longer serves any function in this case. As such, the amended complaint must 5 || be complete in and of itself without reference to prior pleadings or other documents. Hal Roach 6 || Studios, Inc. v. Richard Feiner & Co., Inc.,

896 F.2d 1542, 1546

(9th Cir. 1989) (holding that “an 7 || amended pleading supersedes the original”). The Court cannot refer to a prior pleading or other 8 || documents to make Plaintiff's amended complaint complete. The amended complaint must 9 || contain all claims, defendants, and factual allegations that Plaintiff wishes to pursue in this 10 || lawsuit. 11 |) IL CONCLUSION 12 IT IS THEREFORE ORDERED that Plaintiff's Motion for Leave to Amend (ECF No. 5t 13 || is DENIED as moot. Plaintiff's amended complaint is due May 12, 2025. 14 15 DATED: April 28, 2025 16 LK gr la We Ee BRENDA WEKSLER , 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28

Reference

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