CARSON et al v. OCWEN LOAN SERVICING LLC et al

Filing 85

ORDER ON PLAINTIFFS MOTION TO FILE SUPPLEMENT TO AMENDED COMPLAINT re 69 Motion for Leave to File By JUDGE D. BROCK HORNBY. (jib)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
BERNARD AND NANCY CARSON,
PLAINTIFFS
V.

OCWEN LOAN SERVICING LLC, THE
BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK
AS SUCCESSOR TO TRUSTEE FOR
THE BENEFIT OF THE
CERTIFICATEHOLDERS OF
POPULAR ABS, INC. MORTGAGE
PASS-THROUGH CERTIFICATES
SERIES 2005-C, LITTON LOAN
SERVICING LP,
DEFENDANTS

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CIVIL NO. 2:15-CV-514-DBH

ORDER ON PLAINTIFFS’ MOTION TO FILE SUPPLEMENT
TO AMENDED COMPLAINT
The plaintiffs’ motion to supplement their amended complaint to include
events occurring after it was filed (ECF No. 69) is GRANTED. It is apparent that
the court has broad discretion in this regard, see Fed. R. Civ. P. 15(d); United
States ex rel. Gadbois v. PharMerica Corp., 809 F.3d 1, 4–6 (1st Cir. 2015); 6A
Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 1510
(3d ed. 1998). My earlier ruling on summary judgment (ECF No. 65) will apply
equally to the Supplemented First Amended Complaint.

I also GRANT the

defendants’ request for 45 days additional discovery on the new allegations (ECF
No.82).
Accordingly the case will be removed from the August jury trial calendar
and moved to the September calendar.
SO ORDERED.
DATED THIS 25TH DAY OF MAY, 2017
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE