Staples v. Outsource Receivables Management, Inc. et al

Filing 28

MEMORANDUM DECISION AND ORDER granting 26 Motion to Amend/Correct. TheAmended Complaint attached to the motion to amend is deemed filed as of the date of this Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

RACHEL STAPLES,
Case No.4:12-cv-00014-BLW
Plaintiff,
MEMORANDUM DECISION AND
ORDER

v.
OUTSOURCE RECEIVABLES
MANAGEMENT,
Defendant.

The Court has before it Plaintiff’s Motion to Amend the Complaint (Dkt. 26).
Plaintiff asks to file an amended complaint adding state law claims. Federal Rule of Civil
Procedure 15(a)(1) allows a party amend her pleading once as a matter of course within
21 days after serving it. It is not patently clear when the complaint was served, but it
appears the motion to amend was filed within 15 days.
Regardless, even where the motion to amend is filed outside the 21 days, the Court
“should give leave when justice so requires.” Fed. R. Civ. P. 15(2). Here, defendant
objects to the amendment in a very brief response, making essentially only a blanket
assertion that the plaintiff lacks jurisdiction over the state law claims and lacks
jurisdiction under 28 U.S.C. 1337. This is insufficient for the Court to adequately address
ORDER - 1

the argument. Accordingly, the Court finds that justice requires granting the motion. The
jurisdiction issue can be better addressed on a motion to dismiss if the defendant wishes
to pursue the argument.
ORDER
NOW THEREFORE IT IS HEREBY ORDERED:
1) Plaintiff’s Motion to Amend The Complaint (Dkt. 26) is GRANTED. The
Amended Complaint attached to the motion to amend is deemed filed as of
the date of this Order.

DATED: January 21, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

ORDER - 2