DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
J. JEANNETTE LOVERN, Ph.D.
5
5
Plaintiff,
5
1:08-cv-82
v.
5
5
CYNTHIA JACKSON, AL HASSAN I. 5
MUSAH, and THE UNIVERSITY OF
5
THE VIRGIN ISLANDS,
5
5
Defendants.
5
____________________________________5
TO:
Andrew C. Simpson, Esq.
Eszart A. Wynter, Sr., Esq.
Marie E. Thomas-Griffith, Esq.
ORDER
THIS MATTER came before the Court upon Plaintiff’s Motion to Strike (Docket No. 
49).  Defendants Al Hassan I. Musah and the University of the Virgin Islands filed an
opposition to said motion, and Plaintiff filed a reply thereto.
Plaintiff seeks to strike the Amended Answer and Affirmative Defenses to Plaintiff’s
Complaint (Docket No. 45) as filed by Defendants Al Hassan I. Musah and the University
of the Virgin Islands for failure to comply with Fed. R. Civ. P. 15(a)(2).  Defendants oppose
the motion by claiming the rule is a mere formality and belatedly request the Court’s leave
to file.
Case: 1:08-cv-00082-TJS   Document #: 63   Filed: 01/26/10   Page 1 of 3
Lovern v. Jackson
1:08-cv-82
Order
Page 2
Federal Rule of Civil Procedure 15(a) provides, in relevant part:
(a) Amendments Before Trial.
(1) Amending as a Matter of Course.  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.
(2) Other Amendments.  In all other cases, a party may amend its
pleading only with the opposing party's written consent or the court's
leave.  The court should freely give leave when justice so requires. 
Fed. R. Civ. P. 15(a).
Despite the fact that the rule instructs the court to “freely give leave when justice so
requires,” such instruction does not obviate the requirement first to obtain leave nor does
it reduce the requirement to a mere formality.  The record clearly demonstrates that said
Defendants failed to comply with the requirements of Rule 15(a) prior to filing their
purported amended answer.  In addition, said Defendants also failed to comply with the
Court’s Local Rule 15.1 requiring that any and all proposed changes must be specifically
delineated.
WHEREFORE, it is now hereby ORDERED:
Case: 1:08-cv-00082-TJS   Document #: 63   Filed: 01/26/10   Page 2 of 3
Lovern v. Jackson
1:08-cv-82
Order
Page 3
1.
Plaintiff’s Motion to Strike (Docket No. 49) is GRANTED.
2.
Said Defendants’ Amended Answer and Affirmative Defenses to Plaintiff’s
Complaint filed at Docket No. 45 is STRICKEN.
ENTER:
Dated: January 26, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:08-cv-00082-TJS   Document #: 63   Filed: 01/26/10   Page 3 of 3