Terry et al v. Ola, City of

Filing 25

ORDER granting deft's 19 Motion to Strike 18 First Amended Complaint; granting pltf's 21 Motion for Leave to File a first amended and substituted complaint; the amended complaint must be filed within 7 days from the entry of this Order. Signed by Chief Judge J. Leon Holmes on 4/27/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ROBERT TERRY and
JOHN STAFFORD
v.

PLAINTIFFS

NO. 4:11CV00645 JLH

CITY OF OLA

DEFENDANT
ORDER

Robert Terry and John Stafford commenced this action on August 23, 2011, claiming that
their employer, the City of Ola, violated the Fair Labor Standards Act. On March 29, 2012, without
leave of court, they filed a first amended and substituted complaint making substantially the same
allegations as in the initial complaint except that claims for relief were added under the Arkansas
Minimum Wage Act. The City of Ola filed a motion to strike that first amended and substituted
complaint because leave of court had not been obtained as required. Robert Terry and John Stafford
have filed a motion for leave to file a first amended and substituted complaint, conceding that it was
improper for them to file that complaint without leave of court, but now seeking leave of court. The
City of Ola opposes the motion on the ground that the case is several months old and discovery has
already been conducted.
Without objection, the City of Ola’s motion to strike the first amended and substituted
complaint is GRANTED. Document #19.
For good cause shown, the motion for leave to file a first amended and substituted complaint
is GRANTED. Document #21. The Court does not believe that any substantial prejudice will occur
from permitting the amendment, so the amendment will be allowed. Robert Terry and John Stafford
must file the first amended and substituted complaint within seven days from the entry of this Order.

IT IS SO ORDERED this 27th day of April, 2012.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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