First American Title Insurance Co. v. APEX TITLE INC et al

Filing 42

ORDER granting 32 Motion for Leave to File; granting 39 Motion to Amend/Correct; granting 40 Motion to Amend/Correct; finding as moot 23 Motion to Dismiss for Failure to State a Claim; finding as moot 27 Motion to Dismiss for Failure to State a Claim. Ordered by Judge Clay D. Land on 05/14/2012. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
FIRST AMERICAN TITLE INSURANCE
COMPANY,

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*

Plaintiff,
*
vs.
*
APEX TITLE, INC.; THE LAW
OFFICE OF MICHAEL A. EDDINGS,
P.C.; MICHAEL A. EDDINGS,
individually; SONYA EDDINGS;
COLUMBUS BANK AND TRUST
COMPANY; UPTOWN FISH HOUSE LLC;
and EDDINGS HOLDINGS INC. d/b/a
COFFEE BEANERY,
Defendants.

CASE NO. 4:12-CV-10 (CDL)

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*
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O R D E R
Plaintiff First American Title Insurance Company (“First
American”) filed its Complaint against Defendants on January 13,
2012.

Defendant Columbus Bank and Trust (“CB&T”) filed a Motion

to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
(ECF No. 23).

In response, First American filed a Motion for

Leave to File Amended Complaint (ECF No. 32), seeking to clarify
its claims against CB&T.

Under Federal Rule of Civil Procedure

15(a)(2), a party may amend its pleading with the Court’s leave,
and

the

requires.”
the

“court

should

freely

give

leave

Fed. R. Civ. P. 15(a)(2).

proceedings,

the

Court

finds

that

when

justice

so

At this early stage in
it

is

appropriate

to

permit First American to amend its Complaint.

See Rules 16/26

Order 7, ECF No. 41 (stating that proposed scheduling order
shall

include

a

deadline

for

amending

pleadings

and

that

a

“party is not required to obtain consent or leave of court to
file amended pleadings as long as the amended pleadings are
filed prior to the deadline in the scheduling order”).

First

American shall file its Amended Complaint on or before May 18,
2012.

The Court terminates CB&T’s Motion to Dismiss (ECF No.

23) as moot.

Should CB&T contend that the Amended Complaint

fails to state a claim, then CB&T shall file a renewed Motion to
Dismiss on or before June 1, 2012; the renewed Motion to Dismiss
should focus on the Amended Complaint.
In their Answers to the Complaint, Defendants Apex Title,
Inc., Michael A. Eddings and Law Office of Michael A. Eddings,
P.C. asserted crossclaims against various Defendants, including
CB&T.

CB&T filed a Motion to Dismiss the crossclaims (ECF No.

27).

In response, Apex Title, Inc. voluntarily dismissed its

crossclaim against CB&T.

Apex Title, Inc.’s Resp. to Mot. to

Dismiss Crossclaim, ECF No. 33.

Defendants Michael A. Eddings

and Law Office of Michael A. Eddings P.C. filed Motions for
Leave

to

Amend

their

Answers

in

order

to

clarify

their

crossclaims against CB&T (ECF Nos. 38, 39 & 40).

As discussed

above,

amend]

the

“court

should

freely

give

leave

[to

when

justice so requires,” Fed. R. Civ. P. 15(a)(2), and the Court’s

2

Rules 16/26 Order requires the parties to include a deadline for
amending pleadings in their proposed scheduling order and states
that a “party is not required to obtain consent or leave of
court to file amended pleadings as long as the amended pleadings
are filed prior to the deadline in the scheduling order,” Rules
16/26 Order 7.

For these reasons, the Court finds that it is

appropriate to permit Michael A. Eddings and the Law Office of
Michael A. Eddings, P.C. to amend their Answers.
Answers shall be filed on or before May 25, 2012.

The Amended
The Court

terminates CB&T’s Motion to Dismiss the Crossclaims (ECF No. 27)
as moot.

Should CB&T contend that any crossclaims contained in

the Amended Answers fail to state a claim, then CB&T shall file
a renewed Motion to Dismiss on or before June 8, 2012; the
renewed Motion to Dismiss should focus on the Amended Answers.

IT IS SO ORDERED, this 14th day of May, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

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