Williams v. Costco Wholesale Corporation

Filing 18

ORDER granting 13 Motion to Amend/Correct Complaint. Signed by District Judge Sean F Cox. (JHer)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Kenneth Williams, Plaintiff, v. Costco Wholesale Corporation, Defendant. ______________________________/ ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO AMEND COMPLAINT Plaintiff Kenneth Williams ("Plaintiff") filed this action against Defendant Costco Wholesale Corporation ("Defendant") in state court. Defendant removed the action to this Court on October 6, 2008. On April 23, 2009, Plaintiff filed the instant Motion to Amend Complaint, wherein he seeks to add a claim under the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. This Court held a status conference with the parties on April 29, 2009. The Court then issued a 2nd Scheduling Order in this matter, extending discovery until June 30, 2009, and motion cut-off until July 31, 2009. Rule 15(a) of the Federal Rules of Civil Procedure states that leave to amend "shall be freely given when justice so requires." A motion to amend, however, should be denied "if the amendment is brought in bad faith, for dilatory purposes, results in undue delay or prejudice to the opposing party, or would be futile." Crawford v. Roane, 53 F.3d 750, 753 (6th Cir. 1995). Defendant has not filed a response in opposition to Plaintiff's Motion to Amend and there is no indication that the requested motion is brought in bad faith or for dilatory purposes, or that it Case No. 08-14246 Honorable Sean F. Cox

would result in undue delay or prejudice to Defendant. Accordingly, IT IS ORDERED that Plaintiff's Motion to Amend is GRANTED. Plaintiff shall file his amended complaint within seven (7) days of the date of this order. IT IS SO ORDERED. s/Sean F. Cox Sean F. Cox United States District Judge Dated: June 12, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on June 12, 2009, by electronic and/or ordinary mail. s/Jennifer Hernandez Case Manager