Hoot Winc, LLC v. RSM McGladrey Financial et al
Filing 233
ORDER Denying 157 Motion for Partial Summary Judgment as a Matter of Law Precluding Plaintiff from Seeking or Recovering Damages Allegedly Sustained by Non Prty Entities. Plaintiff has not specifically pled the agency theory in its Second Amended Complaint. However, even during trial, the Court may permit the amendment of pleadings to conform to the evidence. Fed. R. Civ. P. 15(b). Therefore, the Court grants Plaintiff leave to file a Third Amended Complaint which pleads the agency theory of liability. The Third Amended Complaint must be filed within 20 days of the entry of this Order. Signed by Judge Barry Ted Moskowitz on 2/22/2011. (jer)(jrd).
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