American Home Assurance Company v. Weaver Aggregate Transport, Inc.

Filing 66

ORDER that the 63 Motion for Leave to Amend Complaint is DENIED as further set out in the order. Signed by Hon. Chief Judge Mark E. Fuller on 6/30/2010. (dmn)

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American Home Assurance Company v. Weaver Aggregate Transport, Inc. Doc. 66 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION A M E R IC A N HOME ASSURANCE COM PA N Y , P la in tif f , v. W E A V E R AGGREGATE TRANSPORT, I N C ., D e f e n d a n t. ) ) ) ) ) ) C A S E NO. 2:09-cv-612-MEF ) ) (W O ) ) ) ) ORDER T h e plaintiff moves for leave to amend its complaint to add counts against former th ird -p a rty defendant Beacon Industrial Staffing, Inc. ("Beacon") and to add a fraud count a g a i n s t the defendant. Beacon is no longer a party to this lawsuit. See (Doc. #65). Additionally, the plaintiff has failed to show good cause why the Uniform Scheduling Order (D o c . #11) should be modified to allow it to bring an extra claim against the defendant. See F e d . R. Civ. P. 16(b)(4). Therefore, it is hereby O R D E R E D that the motion for leave to amend complaint (Doc. #63) filed on June 14, 2 0 1 0 is DENIED. D O N E this the 30th day of June, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE

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