Montin v. Gibson et al

Filing 55

MEMORANDUM AND ORDER - The defendants' motion for leave to file an amended answer 54 is granted. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN MAXWELL MONTIN,
Plaintiff,
v.
BILL GIBSON, CEO, DR. Y.
SCOTT MOORE; DR. RAJEEN
CHATURVEDI; and MARC
OSTRANDER,
Defendants.

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4:09CV3153

MEMORANDUM AND ORDER

This matter is before the Court on defendants Bill
Gibson and Marc Ostrander’s motion for leave to file amended
answer (Filing No. 54).
motion.

Plaintiff has not responded to this

(See Docket Sheet.)
Federal Rule of Civil Procedure 15(a) provides that a

“court should freely give leave [to amend pleadings] when justice
so requires.”

Fed. R. Civ. P. 15(a)(2).

In Foman v. Davis, the

Supreme Court explained that absent “undue delay, bad faith or
dilatory motive on the part of the movant . . . undue prejudice
to the opposing party by virtue of allowance of the amendment” or
“futility of amendment,” leave should “be ‘freely given.’”
U.S. 178, 182 (1962).

371

After careful review, the Court finds that

defendants’ motion for leave to file amended answer will not
cause undue delay or prejudice and is not filed in bad faith.

IT IS ORDERED that defendants’ motion for leave to file
an amended answer is granted.
DATED this 17th day of May, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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