Kowaleski et al v. Werner Co (DE)

Filing 35

ORDER denying 18 Renewed Motion to Amend/Correct; denying 22 Amended Renewed Motion to Amend/Correct; granting 26 Second Amended Motion to Amend/Correct. Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Karlos Kowaleski et al,
Plaintiffs,
v.

Case No. 20-10056
Judith E. Levy
United States District Judge

Werner Co (DE),
Defendant.

Mag. Judge R. Steven Whalen

________________________________/
ORDER DENYING PLAINTIFFS’ RENEWED MOTION FOR
LEAVE TO FILE A FIRST AMENDED COMPLAINT [18],
DENYING PLAINTIFFS’ AMENDED RENEWED MOTION FOR
LEAVE TO FILE A FIRST AMENDED COMPLAINT [22], AND
GRANTING PLAINTIFFS’ SECOND AMENDED MOTION FOR
LEAVE TO FILE A FIRST AMENDED COMPLAINT [26]
Before the Court are three motions for leave to file a first amended
complaint. First, on December 8, 2020, Plaintiff filed a renewed1 motion
for leave to file a first amended complaint, seeking to add Home Depot
Inc. (“Home Depot”) as an additional defendant. (ECF No. 18.) On
January 18, 2021, Plaintiff filed an amended renewed motion for leave to
Plaintiff first filed a motion for leave to file a first amended complaint on
October 21, 2020. (ECF No. 14.) Plaintiff’s motion was stricken pursuant to order of
the Court on December 8, 2020, for failure to comply with Local Rule 15.1 by failing
to attach the proposed amended pleading to the motion. (ECF No. 17.)
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file a first amended complaint. (ECF No. 22.) Plaintiff again sought to
add Home Depot as an additional defendant and newly sought to add a
claim against Defendant Werner Co (DE) for violation of an express
warranty. (Id. at PageID.122–123.) On March 16, 2021, a discovery
dispute status conference was held by video conference and oral
argument was heard. (ECF No. 25.) At that conference, the Court
discussed several jurisdictional deficiencies with Plaintiff’s proposed first
amended complaint with regard to the anticipated new defendant Home
Depot. Plaintiff was permitted to file a second amended motion for leave
to file a first amended complaint, which Plaintiff subsequently filed on
March 24, 2021. (ECF No. 26.)
Leave to amend is to be freely granted by the Court “when justice
so requires.” Fed. R. Civ. P. 15(a)(2). “Factors that may affect that
determination include undue delay in filing, lack of notice to the opposing
party, bad faith by the moving party, repeated failure to cure deficiencies
by previous amendment, undue prejudice to the opposing party, and
futility of the amendment.” Com. Money Ctr., Inc. v. Ill. Union Ins. Co.,
508 F.3d 327, 346 (6th Cir. 2007) (citing Wade v. Knoxville Utils. Bd., 259
F.3d 452, 459 (6th Cir. 2001)).
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Defendant Werner has no objection to the addition of an express
warranty claim. (ECF No. 26, PageID.152–153.) Furthermore, the Court
finds that adding Home Depot will not cause undue delay or prejudice to
Defendant Werner. Accordingly, leave to amend is appropriate under
Fed. R. Civ. P. 15(a)(2).
Plaintiff’s renewed motion for leave to file a first amended
complaint, as well as Plaintiff’s amended renewed motion for leave to file
a first amended complaint, are DENIED. Plaintiff’s second amended
motion for leave to file a first amended complaint is GRANTED.
IT IS SO ORDERED.
Dated: June 3, 2021
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on June 3, 2021.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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