WHITE v. C W MATTHEWS CONTRACTING CO INC

Filing 11

ORDER GRANTING Plaintiff's motion to amend. The Plaintiff has 14 days from the date of this order to file an amended complaint. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/22/2015. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ANTONIO WHITE,
Plaintiff,
v.
C.W. MATTHEWS CONTRACTING CO.
INC.,
Defendant.

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CIVIL ACTION NO. 5:14-CV-446 (MTT)

ORDER
In response to the Defendant’s motion to dismiss (Doc. 7), the Plaintiff argues he
sufficiently alleged facts to state his claims for relief and alternatively requests leave to
amend his complaint should the Court grant the Defendant’s motion. (Doc. 9). The
Court construes the Plaintiff’s request as a motion to amend, without regard to the
disposition of the motion to dismiss. The Defendant does not address the Plaintiff’s
request for leave to amend his complaint in its reply brief. (Doc. 10).
Pursuant to Fed. R. Civ. P. 15(a)(2), leave to amend should be “freely give[n] ...
when justice so requires.” The Court “need not, however, allow an amendment (1)
where there has been undue delay, bad faith, dilatory motive, or repeated failure to cure
deficiencies by amendments previously allowed; (2) where allowing amendment would
cause undue prejudice to the opposing party; or (3) where amendment would be futile.”
Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (citing Foman v. Davis, 371
U.S. 178, 182 (1962)). Here, the Court finds that justice so requires it to grant the
Plaintiff leave to amend his complaint. This is the Plaintiff’s first motion to amend.

There has been no undue delay or bad faith, and allowing the Plaintiff to amend his
complaint will not unduly prejudice the Defendant. Moreover, judicial economy is
served by allowing the Plaintiff to provide further factual development of his claims
without first ruling on the Defendant’s motion to dismiss and then granting the Plaintiff
leave to amend. Accordingly, the Plaintiff’s motion to amend his complaint is
GRANTED. The Plaintiff has 14 days from the date of this order to file an amended
complaint.
SO ORDERED, this 22nd day of April, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT

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