Aubuchan et al v. Doe Run Resources Corporation et al

Filing 37

MEMORANDUM AND ORDER. (read order for details) In the interests of justice I will grant plaintiffs leave to amend. Any future requests for leave to amend must be made by motion and accompanied by a proposed amended pleading. IT IS HEREBY ORDERED t hat plaintiffs' motion for leave to amend the complaint [# 35 ] is granted, and plaintiffs' amended complaint is deemed filed as of this date.IT IS FURTHER ORDERED that defendant's motion to dismiss [# 25 ] is denied as moot. IT IS FURTHER ORDERED that the motion for leave to appear pro hac vice by John Givens [# 34 ] is granted. Signed by District Judge Catherine D. Perry on 04/03/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SHANE BOWMAN, et al.,
individually and on behalf of all
others similarly situated,
Plaintiffs,
vs.
THE DOE RUN RESOURCES
CORP., et al.,
Defendants.

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Case No. 4:13 CV 2519 CDP

MEMORANDUM AND ORDER
This matter is before me on plaintiffs’ amended complaint, which the Court
will liberally construe on this occasion only as a motion for leave to amend the
complaint.1 Under Fed. R. Civ. P. 15(a)(2), “[t]he court should freely give leave
when justice so requires.” This case is recently filed, and no discovery has taken
place. Plaintiffs’ amended complaint contains additional allegations against
defendant All Type Contracting in an apparent attempt to address the issues raised
in the pending motion to dismiss.2 Therefore, in the interests of justice I will grant
1

Although plaintiffs were granted an extension of time to file their response to defendant
All Type Contracting’s motion to dismiss, leave to amend is still required under Fed. R. Civ. P.
15(a) as plaintiffs’ amended pleading was filed beyond the 21-day period provided in Rule
15(a)(1)(B) for amending as a matter of course.
2

I make no findings as to whether these allegations are sufficient to state a claim against
All Type Contracting as the issue is not presently before me.

plaintiffs leave to amend. Any future requests for leave to amend must be
made by motion and accompanied by a proposed amended pleading. As
defendant’s motion to dismiss is directed at the original complaint, it will be
denied as moot.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs’ motion for leave to amend the
complaint [#35] is granted, and plaintiffs’ amended complaint is deemed filed as
of this date.
IT IS FURTHER ORDERED that defendant’s motion to dismiss [#25] is
denied as moot.
IT IS FURTHER ORDERED that the motion for leave to appear pro hac
vice by John Givens [#34] is granted.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 3rd day of April, 2014.

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