DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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FRANK C. POLLARA GROUP, L.L.C.,           5
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                                  Plaintiff,
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1:09-cv-60
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v.                                 
           
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SOUTHGATE CROSSING 
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INVESTMENTS, L.L.C.,
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Defendant.
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__________________________________________5
TO:
K. Glenda Cameron, Esq.
Rachelle M. Shocklee, Esq.
ORDER GRANTING DEFENDANT’S MOTION TO STRIKE
THIS MATTER came for consideration upon Defendant’s Motion to Strike
Document Number 37 - Notice of Filing of Amended Complaint and Request for Waiver
of Service of Summons (Docket No. 38).  Plaintiff filed a response thereto, and Defendant
filed a reply.
Federal Rule of Civil Procedure 15(a)(2) provides for amendments under two
circumstances: with the opposing party’s written consent or the court’s leave.  Plaintiff failed
to obtain either the opposing party’s written consent or the court’s leave before filing the 
Notice of Filing.  Plaintiff did file a Motion to Amend (Docket No. 36), but waited only three
Case: 1:09-cv-00060-DWA   Document #: 43   Filed: 07/09/10   Page 1 of 2
Frank C. Pollara Group, LLC v. Southgate Crossing Inv., LLC
1:09-cv-60
Order Granting Defendant’s Motion to Strike
Page2
(3) days before filing Notice of Filing.  The short amount of time did not give  Defendant the
opportunity to oppose the Motion to Amend.  It also did not give the Court the opportunity
to consider the motion for leave to file the amended complaint.
Based on the foregoing, it is hereby ORDERED:
1.
Defendant’s Motion to Strike Document Number 37 (Docket No. 38) is
GRANTED.
2.
Plaintiff’s Notice of Filing of Amended Complaint and Request For Waiver
of Service of Summons (Docket No. 37) is STRICKEN from the record.
ENTER:
Dated: July 9, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:09-cv-00060-DWA   Document #: 43   Filed: 07/09/10   Page 2 of 2