Inspiration Day Treatment Inc v. DaySpring Services of Arkansas LLC

Filing 15

ORDER granting 14 Motion to Clarify the Court's February 5, 2009 Order; Pltf will be allowed to add AO and the fraud and quantum meruit claims; Pltf is directed to file an amended complaint, excluding claims against Robbins individually, by 5:00 p.m., Friday, February 13, 2009. Signed by Judge William R. Wilson, Jr on 2/6/09. (mkf)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION INSPIRATION DAY TREATMENT INC. v. 4:08-CV-04148-WRW DEFENDANT PLAINTIFF

DAYSPRING SERVICES OF ARKANSAS LLC ORDER Pending is Plaintiff's Motion for Clarification (Doc. No. 14).

On February 5, 2009, I entered an Order1 denying Plaintiff's Motion for Leave to Amend.2 However, the Order only addressed Plaintiff's Motion to Amend as it relates to adding a nondiverse Defendant, Mr. Wes Robbins ("Robbins").3 As Plaintiff points out in the Motion for Clarification, it appears that I have overlooked Plaintiff's proposed fraud and quantum meruit claims.4 In addition, I failed to address whether Plaintiff may add another Defendant, Alternative Opportunities, Inc ("AO").5 Plaintiff seeks to add AO based on information on Defendant's website indicating that Defendant had merged with AO.6 Defendant's Response challenges the addition of Mr. Robbins but does not address the fraud and quantum meruit claims.7 With regard to AO, Defendant contends that "[t]he attempted
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Doc. No. 12. Doc. No. 6. Id. Doc. No. 14. Id. Id. Doc. No. 8. -1-

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amendment is futile because Inspiration Day Treatment has not set forth any reason to doubt, or even question, its ability to enforce the contract against the limited liability company with whom it contracted. . . ."8 I disagree, since Plaintiff has provided evidence of an alleged merger between Defendant and AO.9 At this juncture, it seems appropriate to allow Plaintiff to add AO and the fraud and quantum meruit claims.10 Accordingly, Plaintiff is directed to file an amended complaint, excluding claims against Robbins individually, by 5:00 p.m., Friday, February 13, 2009. IT IS SO ORDERED this 6th day of February, 2009. /s/ Wm. R. Wilson, Jr.___________ UNITED STATES DISTRICT JUDGE

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Id. Doc. No. 14 (Exhibit "1").

Under Civil Procedure Rule 15(a), leave to amend a complaint will be "freely given when justice so requires." -2-

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