Nurse v. TaxSlayer Inc.
ORDER granting 13 Motion to Amend/Correct; finding as moot 13 Motion to Strike. The Clerk is directed to update the docket in accordance with the caption of this Order, and Orders the parties to use the amended caption for future filings. Signed by Magistrate Judge Brian K. Epps on 03/06/2018. (thb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
RONALD A. NURSE,
RHODES FINANCIAL SERVICES, INC.,
Before the Court is Defendant Rhodes Financial Services, Inc.’s Motion to Amend
Caption and to Strike Plaintiff’s Reference to “Alias.” (Doc. no. 13.) Defendant contends
Plaintiff incorrectly identified it as “Taxslayer Inc. a/k/a Taxslaver Inc.” in his complaint and
seeks an amendment to the caption to reflect its correct name, “Rhodes Financial Services,
Inc.” (Id.) Defendant also moves the Court to strike its purported alias “Taxslaver Inc.”
from the caption. (Id.) Plaintiff filed no opposition to Defendant’s motion.
As a general rule, leave to amend under Fed. R. Civ. P. 15(a) is given freely. Foman
v. Davis, 371 U.S. 178, 182 (1962); Wedemeyer v. Pneudraulics, Inc., 510 F. App’x 875, 878
(11th Cir. 2013). That said, leave to amend is not guaranteed, and a trial court may deny
such leave “in the exercise of its inherent power to manage the conduct of litigation before
it.” Reese v. Herbert, 527 F.3d 1253, 1263 (11th Cir. 2008). “In making this determination,
a court should consider whether there has been undue delay in filing, bad faith or dilatory
motives, prejudice to the opposing parties, and the futility of the amendment.” Saewitz v.
Lexington Ins. Co., 133 F. App’x 695, 699 (11th Cir. 2005) (quoting Foman, 371 U.S. at
The motion is timely under the Scheduling Order deadlines, (see doc. no. 15), no
opposition to the motion was filed, and there is no evidence Defendant has acted in bad faith
or the amendment would be futile or subject Plaintiff to unfair prejudice. The only change
proposed is to correct the name of a defendant already named in this lawsuit.
Accordingly, the Court GRANTS Defendant’s motion to amend, (doc. no. 13),
DIRECTS the CLERK to update the docket in accordance with the caption of this Order,
and ORDERS the parties to use the amended caption for future filings.
Defendant also moves the Court to strike “Taxslaver, Inc.” from the caption. (Id.)
Because the Court granted Defendant’s motion to amend the caption to reflect its correct
name, the motion to strike is MOOT.
SO ORDERED this 6th day of March, 2018, at Augusta, Georgia.
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