Mountain Pure LLC et al v. Roberts et al

Filing 19

ORDER granting 17 Motion to Amend/Correct, and finding as moot 11 Motion to Dismiss. The Clerk of the Court is directed to file separately plaintiffs' amended complaint, which is attached to plaintiffs' motion for leave to file amended complaint.Signed by Judge Kristine G. Baker on 12/20/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MOUNTAIN PURE, LLC, ANGELA SMITH
GERALD MILLER, COURT STACKS,
KIMBERLY HARBESON, SCOTT MORGAN,
TRACY BUSH, QUNITON RILEY, KADEENA
DEPRIEST, WILLIAM MORRIS
v.

PLAINTIFFS

Case No. 4:13-cv-00119-KGB

CYNTHIA M. ROBERTS,
BOBBI SPRADLIN, AND JOHN DOES 1-20

DEFENDANTS

ORDER
Before the Court are defendants’ motion to dismiss (Dkt. No. 11) and plaintiffs’ motion
for leave to file amended complaint (Dkt. No. 17). Defendants have not responded to plaintiffs’
motion for leave to file amended complaint, and the time for doing so has passed. Pursuant to
Rule 15(a)(2) of the Federal Rules of Civil Procedure, “a party may amend its pleading only with
the opposing party’s written consent or the court’s leave. The court should freely give leave
when justice so requires.” For good cause shown, plaintiffs’ motion is granted. The Clerk of the
Court is directed to file separately plaintiffs’ amended complaint, which is attached to plaintiffs’
motion for leave to file amended complaint (Dkt. No. 17). Also, due to the nature of this Order,
defendants’ motion to dismiss, which is based on plaintiffs’ non-amended complaint, is denied as
moot (Dkt. No. 11).
SO ORDERED this the 20th day of December, 2013.

_____________________________
Kristine G. Baker
United States District Judge