MGPI Processing, Inc. v. Allied World Assurance Company (U.S.) Inc. et al

Filing 40

ORDER granting 37 Motion for Leave to Amend Complaint. Plaintiff must file the First Amended Complaint by 11/30/2020. Signed by Magistrate Judge Gwynne E. Birzer on 11/17/20. (adc)

Case 2:20-cv-02228-JWB-GEB Document 40 Filed 11/17/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MGPI PROCESSING, INC.,
Plaintiff,
v.
ALLIED WORLD ASSURANCE
COMPANY (U.S.) INC., et al.,
Defendants.

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Case No. 20-2228-JWB-GEB

ORDER
This matter is before the court on Plaintiff MGPI Processing, Inc.’s (“MGPI”),
motion for leave to file and serve its First Amended Complaint (ECF No. 37). Plaintiff
MGPI filed the motion on October 30, 2020, making any response to the motion due
November 13, 2020. No response in opposition has been filed. Therefore, the motion is
uncontested and may be granted without further notice pursuant to D. Kan. Rule 7.4.
Additionally, in its discretion, the Court finds the balance of factors weigh in favor
of amendment of the complaint as analyzed under Fed. R. Civ. P. 15(a)(2), and justice
requires amendment.1
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The court considers a number of factors in deciding whether to allow an amendment, including
timeliness, prejudice to the other party, bad faith, and futility of amendment. Minter v. Prime
Equip. Co., 451 F.3d 1196, 1204 (10th Cir. 2006) (quoting Foman v. Davis, 371 U.S. 178, 182
(1962)); see also Monge v. St. Francis Health Ctr., Inc., No. 12–2269–EFM-JPO, 2013 WL
328957, at *2 (D. Kan. Jan. 10, 2013), report and recommendation adopted, 2013 WL 328986 (D.
Kan. Jan. 29, 2013). Rule 15(a)(2) provides leave “shall be freely given when justice so requires,”
and the decision to allow an amendment is within the sound discretion of the court. See J. Vangel
Elec., Inc. v. Sugar Creek Packing Co., No. 11–2112–EFM, 2012 WL 5995283, at *2 (D. Kan.
Nov. 30, 2012) (citing Panis v. Mission Hills Bank, 60 F.3d 1486, 1494 (10th Cir. 1995)).

Case 2:20-cv-02228-JWB-GEB Document 40 Filed 11/17/20 Page 2 of 2

IT IS THEREFORE ORDERED that Plaintiff MGPI Processing, Inc.’s Motion
to Amend Its Complaint (ECF No. 37) is GRANTED. Plaintiff shall file the First
Amended Complaint no later than November 30, 2020.
IT IS SO ORDERED.
Dated at Wichita, Kansas this 17th day of November, 2020.

s/ Gwynne E. Birzer
GWYNNE E. BIRZER
United States Magistrate Judge

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