Boswell v. South Lyon Fence & Supply, Inc

Filing 20

ORDER denying without prejudice 11 Motion to Dismiss; granting 16 Motion for Leave to File First Amended Complaint. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
GREGORY BOSWELL,
Plaintiff,
Case No. 17-14028
v.
Hon. John Corbett O’Meara
SOUTH LYON FENCE &
SUPPLY, INC.,
Defendant.
___________________________/
ORDER GRANTING LEAVE TO FILE
FIRST AMENDED COMPLAINT AND DENYING
MOTION TO DISMISS WITHOUT PREJUDICE
Before the court is Defendant’s motion to dismiss, filed January 24, 2018,
and Plaintiff’s motion for leave to file an amended complaint, filed March 12,
2018. Defendant does not oppose Plaintiff’s motion to file an amended complaint.
In light of this, and because the “court should freely give leave when justice so
requires,” the court will grant Plaintiff’s motion to file an amended complaint. See
Fed. R. Civ. P. 15(a)(2). The court will also deny Defendant’s motion to dismiss
without prejudice. Defendant may respond to the amended complaint pursuant to
the Federal Rules of Civil Procedure.
IT IS HEREBY ORDERED that Plaintiff’s motion for leave to file an
amended complaint is GRANTED. Plaintiff shall file his amended complaint by

April 16, 2018.
IT IS FURTHER ORDERED that Defendant’s motion to dismiss is
DENIED WITHOUT PREJUDICE.
s/John Corbett O’Meara
United States District Judge
Date: March 29, 2018

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, March 29, 2018, using the ECF system and/or
ordinary mail.

s/William Barkholz
Case Manager

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