Whitney National Bank v. Safety Guide of Alabama , LLC et al

Filing 85

ORDER granting 84 Motion for Leave to Amend the Pretrial Order and the Court will modify its Pretrial Order accordingly. Signed by Hon. Chief Judge Mark E. Fuller on 11/10/2008. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION W H I T N E Y NATIONAL BANK, P L A IN T IF F , v. S A F E T Y GUIDE OF ALABAMA, LLC a n d THOMAS J. MILLS, DEFEN DANTS. ) ) ) ) ) C A S E NO. 2:07-cv-414-MEF ) ) (W O -N o t Recommended for Publication) ) ) )

ORDER T h i s cause is before the Court on the Defendant's Motion for Leave to Amend the P r e tria l Order (Doc. # 84) filed on November 7, 2008. The Court has carefully considered th e applicable legal standard, the arguments advanced in support of and in opposition to the m o tio n both in writing and during oral argument, and the unique procedural history of this m a tte r. The Court finds that denial of the requested relief would result in manifest injustice to Defendant Thomas J. Mills. Conversely, the Court finds that the proposed amendment in th e interest of justice and sound judicial administration will not result in either substantial in ju ry to Plaintiff or inconvenience to the Court. Accordingly, pursuant to Federal Rule of C iv il Procedure 16 and the cases cited by Defendant in support of its motion, it is hereby O R D E R E D that the motion is GRANTED and the Court will modify its Pretrial Order a c c o rd in g ly. DONE this the 10th day of November, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE