Michaelson v. Wells Fargo Advisors, LLC

Filing 40

MEMORANDUM AND ORDER re: 39 MOTION for Reconsideration re 37 Order Plaintiff's Motion for Leave to File a Second Amended Complaint filed by Defendant Wells Fargo Advisors, LLC motion is DENIED. Signed by District Judge Rodney W. Sippel on 5/7/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PATRICIA MICHAELSON,

)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
WELLS FARGO ADVISORS,
Defendant.

Case No. 4:12CV1360 RWS

MEMORANDUM AND ORDER
Yesterday I granted plaintiff’s motion to amend her complaint. This motion was made
within the time period permitted by the case management order. Today, defendant asks me to
reconsider that Order, complaining that it wanted to oppose amendment. The motion to
reconsider will be denied. The issues defendant wants to raise in opposition to amendment are
more properly raised in a motion to dismiss or summary judgment, rather than by arguing that
amendment should be denied as futile.
Accordingly,
IT IS HEREBY ORDERED that defendant’s motion for reconsideration [#39] is denied.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 7th

day of May, 2013.