Smith v. Antler Insanity, LLC et al

Filing 36

ORDER granting 34 Motion to Amend/Correct; denying without prejudice 12 Motion to Dismiss Signed by Honorable David C. Bramlette, III on 4/23/2014 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
SHANE SMITH

PLAINTIFF

VS.

CIVIL ACTION NO. 3:13-cv-841(DCB)(MTP)

ANTLER INSANITY, LLC;
BYG OUTDOORS, LLC;
JOHN YOUNG;
SCOT GARLAND;
RANDY BUCKNER; and
DARRIN HOLT

DEFENDANTS
ORDER

This cause is before the Court on a motion to dismiss (docket
entry 12) brought by the defendants, and on a motion to amend the
complaint

(docket

entry

34)

brought

by

the

plaintiff.

The

defendants bring their motion pursuant to Federal Rule of Civil
Procedure 12(b)(2) on grounds of lack of personal jurisdiction, and
pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to
state a claim upon which relief can be granted.

The plaintiff

seeks to amend his complaint as a matter of right.
Although the plaintiff does not identify for the Court the
particular amendments he wishes to make, he has attached his
proposed amended complaint, and the defendants respond that they do
not object to the amendment.

In addition, a scheduling order

setting a deadline for the amendment of pleadings has not been
entered.

The Court shall therefore grant the plaintiff’s motion

and deny the defendants’ motion to dismiss without prejudice.

The

defendants will be granted additional time to file an amended
answer and to renew their original motion to dismiss or file an
amended motion.

Accordingly,

IT IS HEREBY ORDERED that the plaintiff’s motion to amend his
complaint (docket entry 34) is GRANTED, and the plaintiff is
granted ten (10) days to file the amended complaint;
FURTHER ORDERED that the defendants’ motion to dismiss (docket
entry 12) is DENIED WITHOUT PREJUDICE;
FURTHER ORDERED that the defendants are granted twenty (20)
days, from the date the amended complaint is filed, to file an
amended answer and to either renew their original motion to dismiss
or file an amended motion.
SO ORDERED, this the 23rd day of April, 2014.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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