Rancourt et al v. Bolger et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
LOREN RANCOURT,
Plaintiff,
vs.
HON. CHIEF JUSTICE JOEL
BOLGER, et al.,
Defendants.
Case No. 3:21-cv-00189-JMK
ORDER RE: MOTION FOR LATE FILING (AMENDING COMPLAINT)
At Docket 17, Mr. Rancourt requests that Court accept a late filing so that
he may add the Municipality of Anchorage (MOA) as a defendant. 	He includes a
“First Amended Complaint” that alleges five new claims labeled Claims 20–24
against MOA.1
Rule 15(a) of the Federal Rules of Civil Procedure governs the process for
amending pleadings. 	A plaintiff may amend a complaint within 21 days after
service, 	with 	the 	opposing 	party’s 	consent, 	or 	with 	a 	court’s 	permission.2
Additionally, the Local Civil Rule 15.1 governs this Court’s practice for amending
pleadings. 	“The proposed amended pleading must not incorporate by reference
any prior pleading, including exhibits.”3 	In this Court, an amended complaint
1 Docket 17-1.
2 Fed. R. Civ. P. 15(a).
3 Local Civil Rule 15.1.
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3:21-cv-00189-JMK, Rancourt v. Bolger, et al.
Order Re: Late Filing (Amending Complaint)
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replaces the prior complaint in its entirety. Plainly, this means that a plaintiff cannot
simply add on new claims or defendants by motion or declaration. 	In order to
amend a complaint, a plaintiff must submit a new complaint with all the claims the
plaintiff seeks to allege.
Mr. Rancourt requests the Court accept his late filing, but review shows that
the functional result is to amend his complaint. Mr. Rancourt filed his motion within
21 days of service. 	While Mr. Rancourt’s motion is procedurally imperfect, the
Court finds that his intention to amend as a matter a course is proper.4 However,
Mr. Rancourt may not add either additional defendants or claims by motion. 	In
accordance with the Local Civil Rule 15.1, he must file a new complaint with all of
his claims.
IT IS THEREFORE ORDERED:
1. The Court DENIES Mr. Rancourt’s Motion for Late Filing at Docket 17.
2. The Court GRANTS leave for Mr. Rancourt to file a Second Amended
Complaint as a matter of course within 21 days of this order. Mr. Rancourt
must serve any amended complaint on all named parties.
3. Briefing 	on 	Defendant 	Shaffer’s 	Motion 	to 	Dismiss 	at 	Docket 	19 	and
Defendants 	Bolger, 	Funentes, 	Miller, 	Montgomery, 	and 	Washington’s
Motion to Dismiss at Docket 22 is stayed until the extended deadline for
4 See Motoyama v. Hawaii, Dept. of Transp., 864 F. Supp. 2d 965, 976 (2012) (A court
may act with leniency towards a self-represented litigant for procedural violations, but the
litigant is not excused from the rules that govern court proceedings.).
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3:21-cv-00189-JMK, Rancourt v. Bolger, et al.
Order Re: Late Filing (Amending Complaint)
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amendment. 	The Court shall issue a separate briefing schedule regarding
these motions to the parties.
4. The Clerk of Court shall provide form PS02 Non-Prisoner Civil Rights
Complaint with a copy of this Order.
DATED at Anchorage, Alaska, this 12th day of November, 2021.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
United States District Judge
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