Cox v. Executive Office of US Attorneys et al

Filing 21

ORDER GRANTING 18 MOTION to Amend/Correct filed by Francis Schaeffer Cox. The Clerk of Court is DIRECTED to file Plaintiff's proposed amended complaint as his First Amended Complaint. Signed by Magistrate Judge Reona J. Daly on 2/22/2018. (ely)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FRANCIS SCHAFFER COX,
Plaintiff,
v.
EXECUTIVE OFFICE OF U.S.
ATTORNEYS et al.,

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Case No.17-611-DRH-RJD

Defendants.
ORDER
DALY, Magistrate Judge:
Now pending before the Court is the Motion for Leave to Amend filed by Plaintiff on
February 12, 2018 (Doc. 18). The Motion is GRANTED.
Plaintiff has filed suit under the Freedom of Information Act, 5 U.S.C. § 552, and seeks
responses from three federal agencies, the Federal Bureau of Investigation (“FBI”), the Bureau of
Alcohol, Tobacco, and Firearms (“ATF”), and the Executive Office of US Attorneys (“EOUSA”)
(Doc. 1).
Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading and that
leave to amend should be freely given "when justice so requires." The Seventh Circuit maintains
a liberal attitude toward the amendment of pleadings "so that cases may be decided on the merits
and not on the basis of technicalities." Stern v. U.S. Gypsum, Inc., 547 F.2d 1329, 1334 (7th Cir.
1977). The Circuit recognizes that "the complaint merely serves to put the defendant on notice
and is to be freely amended or constructively amended as the case develops, as long as
amendments do not unfairly surprise or prejudice the defendant." Toth v. USX Corp., 883 F.2d
1297, 1298 (7th Cir. 1989); see also Winger v. Winger, 82 F.3d 140, 144 (7th Cir. 1996)
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Plaintiff’s proposed amended complaint adds two new FOIA claims (Counts 4 and 5)
against the FBI and the EOUSA, defendants already named in the suit. Counts 1, 2, and 3 of the
proposed amended complaint are the same as those asserted in the original Complaint. Plaintiff’s
request to amend is timely filed and does not cause undue delay. Because leave should be freely
given, the Motion for Leave to Amend (Doc. 18) is GRANTED, and the Clerk of Court is
DIRECTED to file Plaintiff’s amended complaint.
IT IS SO ORDERED.
DATED: February 22, 2018
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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