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)

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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. ) ) ) ) ) ) ) ) ) ) ) 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 1 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 2

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