Gaddy v. Terex Corporation et al

Filing 171

OPINION AND ORDER that Plaintiff's 138 Motion to Add Defendants and for Leave to File a Fifth Amended Complaint to Reflect the Same is GRANTED. Signed by Judge William S. Duffey, Jr on 9/24/2015. (anc)

Plaintiff’s counsel believes that LTV Copperweld has now become, through
merger, John Maneely Company d/b/a JMC Steel Group, and Atlas ABC
Corporation, a division of JMC Steel Group. Plaintiff’s counsel also believes
Utility One Source Forestry Equipment, LLC acquired Defendant MRT in 2015.
Rule 15 of the Federal Rules of Civil Procedure permits pleading
amendments after service of an Answer “by leave of the court or by written
consent of the adverse party.” Fed. R. Civ. P. 15(a). Because of the liberal
pleading rules, “leave shall be freely given when justice so requires.” Id.
Because it appears John Maneely Company d/b/a JMC Steel Group, Atlas
ABC Corporation, and Utility One Source Forestry Equipment, LLC, are proper
parties to this matter, and because Defendants do not oppose this motion,1 the
Court grants Plaintiff’s motion.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Add Defendants and
for Leave to File a Fifth Amended Complaint to Reflect the Same [138] is
GRANTED.

1

Failure to file a response shall indicate that there is no opposition to the
motion. L.R. 7.1(B), NDGa.
2

SO ORDERED this 24th day of September 2015.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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