North American Specialty Insurance Company v. Pen Pals Productions LLC et al

Filing 18

ORDER GRANTING 14 Plaintiff North American Special Insurance Company's Motion to Add Defendant. Ordered by Judge Marc Thomas Treadwell on 9/2/2010. (tlh)

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Plaintiff, v. PEN PALS PRODUCTIONS, LLC, et. al, Defendants. ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 5:10-CV-191 (MTT)

ORDER This matter is before the Court on Plaintiff North American Special Insurance Company's Motion to Add Defendant (the "Motion") (Doc. 14). The Plaintiff seeks to add NES Rental Holdings, Inc. ("NES Rentals") as a defendant because NES Rentals asserted cross claims against Stephen Michael Simon in the underlying suit, Lamensdorf v. White, 5:09-cv-424 (MTT), after the Plaintiff instituted this declaratory judgment action. The Plaintiff has offered to defend Simon on the cross claims under reservation of rights. The Defendants did not file an objection to the Motion. Pursuant to Fed. R. Civ. P 15(a)(2), leave should be freely given to parties seeking to amend its pleading. Because there was no objection to the Motion and due to the policy in favor of granting leave to amend pleadings, leave is appropriate. The Motion is GRANTED.

SO ORDERED, this the 2nd day of September, 2010. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT