Lazell v. Wyeth LLC et al

Filing 51

ORDER: The 43 Motion for Leave to File Plaintiff's First Amended Complaint is granted. Plaintiff shall file and serve her First Amended Complaint forthwith. See order for details. Signed by Judge Neil V Wake on 7/18/11. (NKS)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Estelle Lazell, Plaintiff, 10 11 vs. 12 Wyeth, LLC, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV-10-02660-PHX-NVW ORDER 15 16 17 18 Before the Court is the Motion for Leave to File Plaintiff’s First Amended Complaint (Doc. 43). Leave to amend should be freely given “when justice so requires.” Fed. R. Civ. P. 19 15(a)(2). Plaintiff seeks leave to amend her complaint to affirmatively plead the 20 discovery rule and fraudulent concealment to avoid Defendants’ possible contention that 21 she may not rely on those doctrines to respond to their defense that her claim is barred by 22 a statute of limitations. 23 Defendants oppose the motion to amend, contending that the proposed amendment 24 is futile. Their arguments are primarily directed to the merits of their limitations defense 25 and Plaintiff’s potential response, which the Court does not decide here. Defendants do 26 not allege that granting the motion to amend would cause unfair surprise or undue 27 prejudice. 28 1 IT IS THEREFORE ORDERED that the Motion for Leave to File Plaintiff’s First 2 Amended Complaint (Doc. 43) is granted. Plaintiff shall file and serve her First 3 Amended Complaint forthwith. 4 DATED this 18th day of July, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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