Wood Materials LLC v. Berkley Insurance Company et al
Filing
45
ORDER: IT IS ORDERED that the 31 Motion for Leave to Amend is GRANTED. Plaintiff's [31-2] proposed amended complaint shall be filed into the record. IT IS FURTHER ORDERED that Defendants' 26 Motion to Re-Urge their Motion to Dismiss is DISMISSED as Moot. See Rec. Doc. 18. Signed by Judge Ivan L.R. Lemelle on 3/26/2018. (jls)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
WOOD MATERIALS LLC
CIVIL ACTION
VERSUS
NO. 17-10955
BERKLEY INSURANCE COMPANY, ET. AL.
SECTION "B"(4)
ORDER
Before the Court is Plaintiff United States of America, for
the use and benefit of Wood Materials, LLC’s (“Plaintiff”) “Motion
for Leave to File First Amended Complaint” (Rec. Doc. 31). Also
before the Court is Defendants Berkley Insurance Company and
Tikigaq Construction’s (“Defendants”) “Motion to Re-Urge Motion to
Dismiss (Rec. Doc. 26), and Plaintiff’s Response in Opposition
(Rec. Doc. 34).
Leave to amend is in no way automatic, but the district court
must possess a “substantial reason” to deny a party's request for
leave to amend. Marucci Sports, L.L.C. v. Nat'l Collegiate Athletic
Ass'n, 751 F.3d 368, 378 (5th Cir. 2014). The Court finds that
Plaintiff’s reason for seven days’ delay in filing its amended
complaint—that
counsel
was
engaged
in
a
multi-week
trial—is
sufficient. Fed. R. Civ. P. 15 (“The court should freely give leave
when justice so requires.”). Accordingly,
IT IS ORDERED that the Motion for Leave to Amend (Rec. Doc.
31) is GRANTED. Plaintiff’s proposed amended complaint (Rec. Doc.
31-2) shall be filed into the record.
IT IS FURTHER ORDERED that Defendants’ Motion to Re-Urge their
Motion to Dismiss (Rec. Doc. 26) is DISMISSED as Moot. See Rec.
Doc. 18.
New Orleans, Louisiana, this 26th day of March, 2018.
___________________________________
SENIOR UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?