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)

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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.

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