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Hari v. Stuart

United States District Court, D. Minnesota

December 3, 2019

Michael B. Hari, Plaintiff,
v.
James Stuart, et al., Defendants.

          Michael B. Hari, (pro se Plaintiff); and

          Robert I. Yount, (for Defendants).

          ORDER

          Tony N. Leung United States Magistrate Judge

         This matter is before the Court on Plaintiff's Motion for Leave to Amend (ECF No. 35) and Plaintiff's Motion for Leave to File Instanter the Plaintiff's Attached Reply. (ECF No. 41). For the reasons set forth below, the Court will grant the motion for leave to amend and deny the motion for leave to file a reply.

         I. BACKGROUND

         Plaintiff Michael B. Hari filed suit on May 20, 2019. (ECF No. 1). His application to proceed in forma pauperis was granted on July 22, 2019. (ECF No. 11) His complaint was served on August 13, 2019. (ECF No. 20).

         Shortly after Hari served his complaint, he filed motions to compel and for sanctions. (ECF Nos. 16 and 17). The Court denied both motions on September 23, 2019. (ECF No. 34). Hari then moved for permission to file a reply memorandum regarding each motion. (ECF No. 41). It appears that Hari submitted this motion before he received the Court's Order.

         The Court then issued a pretrial scheduling order that, among, other things, set a deadline for November 15, 2019 for motions to amend the pleadings. (ECF No. 25). Hari amended his complaint as a matter of right on September 11, 2019. (ECF No. 26). One day later, he attempted to file a second amended complaint. (ECF No. 28). This Court denied him permission to do so, noting that Hari did not file a formal motion for leave to amend, obtain opposing counsel's consent to amend, or comply with this District's Local Rules, which required Hari to submit a version of the proposed second amend complaint that showed how it was different from the operative pleading. (ECF No. 29).

         Hari then moved to amend his complaint on September 25, 2019. (ECF No. 35). Hari again, however, did not file a copy of the proposed second amended complaint that showed how it differed from the operative pleading. The Court ordered Hari to submit such a version on or before October 10, 2019 and directed Defendants to respond to the motion 14 days after Hari complied with the Court's order. (ECF No. 39). The Court received a redlined version of Hari's proposed second amended complaint on October 16, 2019. The Court took the matter under advisement after Defendants responded to the motion on October 30, 2019.

         II. ANALYSIS

         A. Motion for Leave to File Reply Memorandum

         The Court will address Hari's motion for permission to file a reply brief first. A party may not file a reply memorandum to a non-dispositive motion without the Court's permission. D. Minn. LR 7.1(b)(3). In this case, Hari seeks to file a reply brief regarding his motion for sanctions and his motion to compel. (ECF Nos. 16 and 17).

         The Court denied both of those motions on September 23, 2019. (ECF No. 34). As a result, Hari's motion is moot. But even if it were not, the Court has reviewed the proposed reply memorandum and concluded that nothing in it would change the Court's analysis.[1]The Court will therefore deny the motion for leave to file a reply brief.

         B. Motion ...


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