Arthur Andrew Medical, Inc. v. Biomedic Labs LLC et al

Filing 21

ORDER granting 20 Biomedic Labs, LLC's motion for leave to file an amended answer and counterclaims. Signed by Judge Frederick J Martone on 12/29/09.(DMT, )

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Arthur Andrew Medical, Inc., an Arizona) ) corporation, ) ) Plaintiff, ) ) vs. ) ) B i o me d i c Labs, LLC d/b/a Pure) Endurance, an Arizona limited liability) company; Brad Custer and Olivia Custer,) ) husband and wife, ) ) Defendants. ) ) Biomedic Labs, LLC d/b/a Pure) Endurance, an Arizona limited liability) company, ) ) Counterclaimant, ) ) vs. ) ) Arthur Andrew Medical, Inc., an Arizona) corporation, ) ) Counter-defendant. ) )

No. CV-09-01689-PHX-FJM ORDER

Arthur Andrew Medical, Inc. brings this action against Biomedic Labs, LLC, Brad Custer, and Olivia Custer alleging contract and statutory claims arising out of the distribution and marketing of enzyme supplements. The court has before it defendant and

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counterclaimant Biomedic's motion for leave to file an amended answer and counterclaims (doc. 20). Plaintiff and counter-defendant Arthur Andrew did not respond. Biomedic moves for leave to amend its answer by adding a false advertising counterclaim against Arthur Andrew under the Lanham Act, 15 U.S.C. § 1125(a). A party may amend a pleading outside of an amendment as a matter of course "only with the opposing party's written consent or the court's leave." Rule 15(a)(2), Fed. R. Civ. P. We will grant leave "when justice so requires." Id. Biomedic filed its motion within the time allowed for motions to amend the complaint under our Rule 16 scheduling order (doc. 17). And Arthur Andrew did not object. Accordingly, IT IS ORDERED GRANTING Biomedic Labs, LLC's motion for leave to file an amended answer and counterclaims (doc. 20). DATED this 29th day of December, 2009.

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