Sullivan v. I-Flow Corporation et al

Filing 85

ORDER granting 81 Unopposed MOTION to Amend/Correct/Modify 53 Amended Complaint by Plaintiff Cressa Sullivan. The Clerk of Court is directed to file Plaintiffs Third Amended Complaint, attached to the Motion (Doc. No. 81-2) by Magistrate Judge Kathleen M. Tafoya on 9/21/09.(kmtcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 08­cv­02648­MSK­KMT CRESSA SULLIVAN, Plaintiff, v. I-FLOW CORPORATION, SORENSON MEDICAL PRODUCTS, INC., HOSPIRA, INC., ABBOTT LABORATORIES, ABBOTT LABORATORIES (ILLINOIS), and ABBOTT LABORATORIES (DELAWARE), Defendants. ORDER This matter is before the court on "Plaintiff's Unopposed Motion to File Third Amended Complaint." ([Doc. No. 81] [filed September 11, 2009] [hereinafter "Mot."].) Plaintiff seeks to amend the Complaint in order to add new defendants and incorporate information obtained investigating her claims. (Mot. at 2­3.) Defendants do not oppose the Motion. (Id. at 1.) The Federal Rules of Civil Procedure provide that a party may amend a pleading by leave of court, and that leave shall be given freely when justice so requires. Fed. R. Civ. P. 15(a). Although the federal rules permit and require liberal construction and amendment of pleadings, the rules do not grant the parties unlimited rights of amendment. A motion to amend may be denied on the grounds of undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, or futility of amendment. Foman v. Davis, 371 U.S. 178, 182 (1962). Upon review of the Proposed Amended Complaint the court finds no indication of undue delay, bad faith, prejudice to the defendant or dilatory motive on the part of the plaintiff. See id. Moreover, the court finds the proposed amendments are not futile. See id. Therefore, Plaintiff's Motion (Doc. No. 81) is GRANTED. The Clerk of Court is directed to file "Plaintiff's Third Amended Complaint," attached to the Motion (Doc. No. 81-2). Dated this 21st day of September, 2009. BY THE COURT: Kathleen M. Tafoya United States Magistrate Judge 2

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