Pilcher v. City of Foley, Alabama et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THOMAS PILCHER, in his Capacity as 	)
Administrator of the Estate of Christopher 	)
Robert Myers, Deceased, 	)
)
Plaintiff, 	)
)
vs. 	) 	CIVIL ACTION NO. 25-00072-KD-M
)
CITY OF FOLEY, ALABAMA, et al., 	)
)
Defendants. 	)
ORDER
This action is before the Court on the Foley Defendants’1 Consent to Plaintiff Thomas
Pilcher’s First Amended Complaint and Motion to Vacate the Order striking the First Amended
Complaint. (Doc. 22).
Pilcher filed his first complaint in this case on February 25, 2025. (Doc. 1). Summons to
all Defendants was returned executed on March 7, 2025. (Doc. 4). On May 5, 2025, Pilcher filed
his First Amended Complaint. (Doc. 19). The Court struck this Amended Complaint because it
was filed more than 21 days after service of the complaint, no responsive pleading had been
filed, and Pilcher did not file written consent by the opposing parties or leave to file the
Amended Complaint with the Court pursuant to Federal Rule of Civil Procedure Rule 15(a)(1)
and (2). (Doc. 21).
1 Defendants the City of Foley, Alabama; Mayor Ralph Hellmich; Chief Thurston Bullock; Deputy Chief Kevin
Carnley; Jail Commander Larry Dearing; Chief Corrections Officer Nicole Phillips; Shift Supervisor Melanie
Gouveia; Corrections Officer Dontae Bailey; Shift Supervisor Racen Williams; Corrections Officer John Ash; or
Corrections Officer Louis Brower, Jr. refer to themselves as the “Foley Defendants.” The Foley Defendants are the
Defendants who have appeared in this case and brough this Motion before the Court.
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2
The Foley Defendants filed consent to Plaintiff’s Amended Complaint and a Motion to
Vacate the Court’s Order striking the Amended Complaint. (Doc. 22). The Foley Defendants
request the Amended Complaint be reinstated because their Motion to Dismiss, due to be filed on
May 19, 2025, cites to the Amended Complaint. (Id.). The Court construes the Foley Defendants’
consent as written consent of the opposing party pursuant to Federal Rule of Civil Procedure
Rule 15(a)(2).
Upon consideration, the Foley Defendants’ Motion to Reinstate the First Amended
Complaint and Vacate Order is GRANTED. Accordingly, the Order striking the Amended
Complaint (Doc. 21) is VACATED and the Amended Complaint (Doc. 19) is the operative
Complaint in this action.
DONE and ORDERED this the 16th day of May 2025.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE
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