(PS) Caldwell v. Sliwa et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ANDREW CALDWELL,
Plaintiff,
v.
MAREK P. SLIWA, et al.,
Defendants.
No. 2:25-CV-03284-TLN-DMC
ORDER
Plaintiff, who is proceeding pro se, brings this civil action. The matter was set for
an initial status/scheduling conference before the undersigned on January 14, 2026. See ECF No.
7. In light of recent filings, the scheduling conference will be vacated, and Plaintiff will be
directed to notice the motion to remand before the undersigned, if Plaintiff is seeking remand.
Plaintiff filed a motion to remand, ECF No. 10, and a first amended complaint,
ECF No. 11. On December 16, 2025, the District Judge informed Plaintiff that the motion to
remand should be noticed before the undersigned, pursuant to Local Rule 302(c)(21), ECF No.
12. To date, Plaintiff has not noticed the motion to remand in front of the undersigned.
Plaintiff asserts in the motion to remand that removal was improper because not all
Defendants consented to removal and on the same day that Defendants Sliwa, Jackson, and
Bartosh removed the case, Plaintiff attempted to file a first amended complaint in state court,
which did not assert any federal claims. See ECF No. 10, pg. 6. It appears that the first amended
Case 2:25-cv-03284-TLN-DMC Document 14 Filed 12/31/25 Page 1 of 3

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complaint that Plaintiff filed in this Court, ECF No. 11, is the first amended complaint Plaintiff
sought to file in state court, as it does not assert any federal claims.
Federal Rules of Civil Procedure provide that a party may amend his or her
pleading once as a matter of course within 21 days of serving the pleading or, if the pleading is
one to which a responsive pleading is required, within 21 days after service of the responsive
pleading, see Fed. R. Civ. P. 15(a)(1)(A), or within 21 days after service of a motion under Rule
12(b), (e), or (f) of the rules, whichever time is earlier, see Fed. R. Civ. P. 15(a)(1)(B). In all
other situations, a party’s pleadings may only be amended upon leave of court or stipulation of all
the parties. See Fed. R. Civ. P. 15(a)(2).
Here, Plaintiff’s first amended complaint cannot be considered filed as of right
under Rule 15(a)(1)(A) or (B) because it was not filed within 21 days after service of the original
complaint and Defendants have not filed a motion under Rule 12. Thus, Plaintiff is required to
obtain leave of court to file a first amended complaint and such leave has not been granted. For
these reasons, Plaintiff’s first amended complaint has been filed prematurely and without leave of
court and, as such, will be stricken.
If Plaintiff seeks to remand this case, Plaintiff is directed to file a motion to
remand, in accordance with Local Rule 302 (c)(21), within 60 days of this order. Plaintiff shall
contact the undersigned’s courtroom deputy Jodi Palmer at jpalmer@caed.uscourts.gov, or via
phone at (530) 246-5417, for available law and motion dates and notice the motion accordingly.
All dates and deadlines for such motion shall be in accordance with Local Rule 230. If
Defendants do not oppose the motion, Defendants shall file a notice of non-opposition within
fourteen days, consenting to remand and stipulating to allow Plaintiff to file a first amended
complaint which does not assert any federal claims in state court.
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Accordingly, IT IS HEREBY ORDERED that:
1. 	Plaintiff’s first amended complaint, ECF No. 11, is stricken;
2. 	The scheduling conference set for January 14, 2026, before the
undersigned is vacated; and
3. 	Plaintiff shall file a motion to remand, if Plaintiff is seeking remand, within
60 days of this order, in accordance with the procedure described herein;
4. 	All subsequent dates and deadlines for such motion, including Defendants
having fourteen days to file a notice of non-opposition, shall be in
accordance with Local Rule 230.
Dated: December 31, 2025
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
Case 2:25-cv-03284-TLN-DMC Document 14 Filed 12/31/25 Page 3 of 3