Stearns v. M & M Cartage Co., Inc.
Filing
13
MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 1/23/2017 granting 11 Motion to Amend/Correct Answer. The proposed amended answer tendered with that motion (DN 11 -1) is DEEMED FILED in the record of this action. cc: Counsel(JWM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
ROBERT STEARNS,
Plaintiff
v.
Case No. 3:16-cv-661-GNS-CHL
M & M CARTAGE CO., INC.,
Defendant
Memorandum Opinion and Order
On December 27, 2016, the Defendant moved to amend its answer before the deadline
for amending pleadings passed. DN 11. The Defendant seeks leave to add an additional
affirmative defense. Id. ¶ 4. In support of the motion, the Defendant argues that “This case is
still in its early stages, and justice requires that Defendant be allowed to amend its answer so that
its defenses may be fully and fairly presented.” Id.
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 pleading. 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 the Defendant’s motion for leave to amend its answer.
The proposed amended answer tendered with that motion (DN 11-1) 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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