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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) 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 * This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the Court has no agreements with any of these third parties or their Web sites. The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court. -2-

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