HOME DESIGN SERVICES INC v. TURNER HERITAGE HOMES INC

Filing 316

ORDER GRANTING 294 MOTION FOR LEAVE TO ADD DEFENSE by Defendants. Signed by CHIEF JUDGE STEPHAN P MICKLE on 5/31/2011. (jws)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
HOME DESIGN SERVICES INC,
Plaintiff,
v.

CASE NO.: 4:08-cv-355-SPM/WCS

TURNER HERITAGE HOMES INC, et al.,
Defendant.
________________________________/
ORDER GRANTING MOTION FOR LEAVE TO ADD DEFENSE
THIS CAUSE comes before the Court on the Defendants’ Motion for
Leave to Add Additional Defense (doc. 294) and the Plaintiff’s Response in
Opposition (doc. 303). Defendants assert that new evidence in support of the
additional defense was discovered during the limited second discovery period.
Pursuant to Federal Rule of Civil Procedure 15(a)(2), “[t]he court should freely
give leave [to amend pleadings] when justice so requires[.]” Thus, the Rules
contemplate liberal amendment of pleadings except in extraordinary
circumstances. The Court finds that it is in the interest of justice to permit the
amendment. Accordingly, it is hereby ORDERED AND ADJUDGED that the

Motion (doc. 294) is GRANTED.
DONE AND ORDERED this thirty-first day of May, 2011.

s/ Stephan P. Mickle
Stephan P. Mickle
Chief United States District Judge