CoStar Realty Information, Inc. et al v. Centers & Malls, LLC et al

Filing 48

MOTION to Dismiss First Amended Complaint by Guys Hays, Centers & Malls, LLC, Robert Galvin. Responses due by 8/20/2007 (Attachments: # 1 Memorandum of Law in Support of Motion# 2 Text of Proposed Order)(Diercks, Walter)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND __________________________________________ COSTAR REALTY INFORMATION, INC., ET AL., ) ) PLAINTIFFS, ) ) v. ) ) CENTERS & MALLS, LLC, ET AL., ) ) DEFENDANTS. ) __________________________________________) [Proposed] ORDER This cause came to be heard on Defendants' Motion to Dismiss the First Amended Complaint because the Plaintiff has added a party, namely Garrett Van Siclen, without obtaining leave of Court, as required by Fed. R. Civ. P. 2; or, in the alternative, to dismiss Count VI of the First Amended Complaint (Conversion) for failure to state a claim for which relief can be granted. Having Considered Defendants' memorandum in support of Defendants' Motion, Plaintiffs' Opposition thereto, the arguments of counsel and the record before the Court, the Court finds that Plaintiff was required by Fed. R. Civ. P. 21 to obtain leave of Court before amending the Complaint to add Garrett Van Siclen as a party, that Plaintiff failed to obtain the leave of Court required by Rule 21, and that it is not in the interest of justice to grant Plaintiff leave to amend the Complaint to add Garrett Van Siclen as a party. The Court need not reach that portion of Defendants' Motion under Fed. R. Civ. P. 12(b)(6) in light of the Court's ruling herein. IT IS ORDERED that the First Amended Complaint is dismissed for failure to Comply

Case No. 8:07 CV 1182 AW

with Fed. R. Civ. P. 21. Plaintiff is given 10 days to file an amended Complaint which complies with this Court's July 5, 2207 Order granting in part Defendants' motion to dismiss. Dated: 2007,

______________________________ United States District Judge

2