Legal Opinion
Walker v. THE CITY OF CHARLESTON
District Court, S.D. West Virginia
Decided February 2, 2006No. CIV.A.2:05-CV-00658Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GOODWIN, District Judge.
Pending before the court is the plaintiffs motion to file an amended complaint [Docket 21]. I GRANT the plaintiffs motion.
The remaining question before me is whether to allow the plaintiff to incorporate his original complaint into the amended complaint by reference rather than by repleading. For the following reasons, I find that he may not and order him to file an integrated complaint within 10 days.
The majority of courts that have addressed the issue allow a plaintiff to incorporate an original complaint into an amended complaint. 1 A…
2Cases cited7 opinions
- Young v. City of Mount RanierCourt of Appeals for the Fourth Circuit · 2001
- In Re: Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co., Debtor-Appellant v. Shell Oil Co. And Scallop Petroleum Co.Court of Appeals for the Second Circuit · 2000
- Cohen v. Superior CourtCalifornia Court of Appeal · 1966
- Pou v. U.S. Drug Enforcement AdministrationDistrict Court, S.D. New York · 1996
- Do-Nguyen v. ClintonDistrict Court, S.D. California · 2000
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