Porter v. Louisville Jefferson County Metro Government et al

Filing 116

MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 1/23/2017 - Motion for leave to amend the complaint 112 is GRANTED. cc: Counsel(DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
ANTWAIN RASHAWN PORTER

Plaintiff

v.

Case No. 3:13-cv-923-DJH-CHL

LOUISVILLE JEFFERSON COUNTY
METRO GOVERNMENT, et al.,

Defendants

Memorandum Opinion and Order
On December 29, 2016, Antwain Rashawn Porter moved to amend the complaint before
the deadline for amending pleadings passed. DN 112. In support of his motion, Porter argues
that “the amended complaint is in conformance with pleading standards in this Court, contain
more clarified and bare-bones allegations, and is not being filed for any improper purpose.” DN
112-9 at 2.
Whether to grant leave to amend is within the Court’s discretion. Tucker v. MiddleburgLegacy Place, 539 F.3d 545, 551 (6th Cir. 2008). “The court should freely give leave when
justice so requires.” Fed. R. Civ. P. 15(a)(2). Still, “there is no absolute or automatic right to
amend one’s complaint.” Meehan v. United Consumers Club Franchising Corp., 312 F.3d 909,
913 (6th Cir. 2002).
No response has been filed, and the deadline for responding has passed. “Failure to
timely respond to a motion may be grounds for granting the motion.” LR 7.1(c).
Accordingly, the Court GRANTS Porter’s motion for leave to amend the complaint. The
proposed amended complaint tendered with that motion (DN 112-1) is DEEMED FILED in the
record of this action.

cc: Counsel of record
January 23, 2017

Colin Lindsay, MagistrateJudge
United States District Court

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