Kiener v. Auto-Owners Insurance Company

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Kaitlyn Kiener,
Plaintiff,
v.
Owners Insurance Company,
Defendant.
No. CV-25-02962-PHX-JAT
ORDER
Plaintiff seeks to file a Second Amended Complaint late to cure any jurisdictional
questions occasioned by the substitution of a new Defendant. Plaintiff did not file a
“motion to amend.” Plaintiff also did not file or lodge a second amended complaint – she
attached a proposed second amended complaint to a motion regarding jurisdiction.
Excusable neglect having been shown, the Court will permit Plaintiff to file the
second amended complaint late under both the deadline set in the scheduling order (Doc.
10) and the Order regarding the first amended complaint (Doc. 16). However, because
Plaintiff did not file a motion to amend, the filing of the Second Amended Complaint will
be deemed to be Plaintiff’s “as a matter of course” amendment. See Fed. R. Civ. P. 15.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for relief from Court deadlines and to
prevent remand (Doc. 18) is granted. Plaintiff must file the clean copy of the second
amended complaint by January 30, 2026.
IT IS FURTHER ORDERED that Defendant Owners Insurance Company must
Case 2:25-cv-02962-JAT Document 19 Filed 01/23/26 Page 1 of 2

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answer or otherwise respond to the Second Amended Complaint by February 17, 2026.
IT IS FURTHER ORDERED that Defendant Owners Insurance company is
bound by the deadlines in this Court’s scheduling Order (Doc. 10).
Dated this 22nd day of January, 2026.
Case 2:25-cv-02962-JAT Document 19 Filed 01/23/26 Page 2 of 2