Oppenheim v. Lampert

Filing 8

MEMORANDUM AND ORDER - Plaintiff's motion to amend (FilingNo. 5 ) is granted. Plaintiff shall file his amended complaint on or before January 17, 2012. Ordered by Senior Judge Lyle E. Strom. (Copy e-mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
ALEXANDER W. OPPENHEIM, et
al.,

)
)
)
Plaintiff,
)
)
v.
)
)
KEITH M. LAMPERT,
)
)
Defendant.
)
______________________________)

8:11CV437

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s motion
to amend (Filing No. 5).

Rule 15(a) of the Federal Rules of

Civil Procedure provides that courts should freely give a party
leave to amend when justice so requires.

The applicable standard

is summarized in Foman v. Davis, 371 U.S. 178, 182 (1962), which
states:
If the underlying facts or
circumstances relied upon by a
plaintiff may be a proper subject
of relief, he ought to be afforded
an opportunity to test his claims
on the merits. In the absence of
any apparent reason -- such as
undue delay, bad faith or dilatory
motive on the part of the movant,
. . . undue prejudice to the
opposing party by virtue of the
allowance of the amendment,
futility of amendment, etc. -- the
leave sought should, as the rules
require, be freely given.
Id. (internal quotations omitted).

Although summons has been

returned executed upon defendant, defendant has not yet
responded.

Moreover, plaintiff only seeks to amend the

complaint to cite “additional case law” and correct “grammatical
errors.”

(Filing No. 5 at CM/ECF p. 1.)

amend will be granted.

Plaintiff’s motion to

Accordingly,

IT IS ORDERED that plaintiff’s motion to amend (Filing
No. 5) is granted.

Plaintiff shall file his amended complaint on

or before January 17, 2012.
DATED this 10th day of January, 2012.
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-