Munson v. Wells Fargo Bank, No. 6:2018cv00650 - Document 32 (D. Or. 2018)

Court Description: Opinion and Order: Defendant's Motion to Strike Plaintiff's Second Amended Complaint 16 is granted. Signed on 12/11/2018 by Judge Michael J. McShane. (cp)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON STEVE MUNSON, Plaintiff, v. Case No. 6:18-cv-00650-MC OPINION AND ORDER WELLS FARGO BANK, Defendant. _____________________________ MCSHANE, Judge: Defendant Wells Fargo Bank moves to strike Plaintiff Steve Munson’s Second Amended Complaint for failure to comply with Rule 15. Def.’s Mot. to Strike, ECF No. 16. Plaintiff has not filed a response, and the time to do so has passed. This Court previously dismissed Plaintiff’s claim for violation of OAR 137-110 with prejudice. The remaining fraud claims were dismissed without prejudice. Op. and Order 6–7, ECF No. 7. Plaintiff was granted the opportunity to amend his complaint and re-state his fraud claims with specificity. Plaintiff filed a First Amended Complaint on August 10, 2018, ECF No. 13, and a Second Amended Complaint on August 13, 2018, ECF No. 14. Because Plaintiff did not obtain leave to file a Second Amended Complaint, this court GRANTS Defendant’s Motion to Strike. 1 – OPINION AND ORDER IT IS SO ORDERED. DATED this 11th day of December, 2018. __s/Michael J. McShane________________ Michael J. McShane United States District Judge 2 – OPINION AND ORDER