Cooper Marketing Consulting LLC v. Gerson Company, The

Filing 29

MEMORANDUM AND ORDER denying as moot 20 Motion to Stay Discovery; denying as moot 23 Motion for Leave to File New Discovery Admissions; granting 26 Motion to Amend Complaint; Plaintiff may serve and file its proposed amended complaint; granting 28 Motion to Amend Scheduling Order. Defendant shall join additional parties on or before January 26, 2018. Signed by Magistrate Judge Gerald L. Rushfelt on 1/17/18. (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
COOPER MARKETING CONSULTING LLC,

Plaintiff,
Case No. 17-CV-2347-DDC-GLR
v.
THE GERSON COMPANY,
Defendant.

MEMORANDUM AND ORDER
Before the Court are four motions: Defendant’s Motion to Stay Discovery (ECF 20),
Plaintiff’s Motion for Leave to File New Discovery Admissions in Opposition to Motion to
Dismiss (ECF 23), Plaintiff’s Motion to Amend Complaint (ECF 26), and Defendant’s
Unopposed Motion to Amend Scheduling Order (ECF 28).
By virtue of the Court’s ruling denying the Motion to Dismiss (ECF 25), the Court finds
both the Motion to Stay Discovery (ECF 20) and the Motion for Leave to File New Discovery
Admissions in Opposition to Motion to Dismiss (ECF 23) as moot and otherwise denies them.
Although Plaintiff’s Motion to Amend Complaint (ECF 26) did not include any statement
on whether Defendant opposed the motion, Defendant included in its Motion to Amend
Scheduling Order (ECF 28) that it does not oppose the motion. Defendant has yet to file an
answer in light of the Court’s denial of its Motion to Dismiss, and therefore will not be
prejudiced by Plaintiff’s proposed amendment. The Court therefore grants Plaintiff’s Motion to
Amend Complaint.

Finally, the Court also grants Defendant’s Motion to Amend Scheduling Order (ECF 28).
Plaintiff does not oppose the motion. Defendant is hereby granted an extension of time, up to and
including January 26, 2018, in which to join additional parties.

IT IS THEREFORE ORDERED BY THE COURT that Defendant’s Motion to Stay
Discovery (ECF 20) and Plaintiff’s Motion for Leave to File New Discovery Admissions in
Opposition to Motion to Dismiss (ECF 23) are denied as moot.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend Complaint (ECF 26) is
granted. Plaintiff may serve and file its proposed amended complaint.
IT IS FURTHER ORDERED that Defendant’s Motion to Amend Scheduling Order
(ECF 28) is granted. Defendant shall join additional parties on or before January 26, 2018.
IT IS SO ORDERED.
Dated January 17, 2018, at Kansas City, Kansas.
S/ Gerald L. Rushfelt
Gerald L. Rushfelt
U.S. Magistrate Judge

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