JDR Industries, Inc. v. McDowell et al

Filing 62

ORDER granting 57 Motion to Amend Complaint. Plaintiff's amended complaint, a copy of which is attached to its motion, shall be filed on or before September 18, 2015. Ordered by Magistrate Judge Cheryl R. Zwart. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JDR INDUSTRIES, INC., a Nebraska
corporation;
8:14CV284
Plaintiff,
vs.

ORDER

EDWIN K. MCDOWELL, AND
LAGRANGE SUPPLY CO, L.L.C., a
Nebraska limited liability company;
Defendants.
Plaintiff moves to file an Amended Complaint which includes the same claims and
allegations of fact with respect to the currently named Defendants but adds James L.
Vance and J.L. Vance, L.L.C.as defendants. (Filing No. 57). The defendants opposed
the motion because “Plaintiff has already filed suit against James Vance in the District
Court of Douglas County entitled JDR Industries, Inc. v. Vance, CI 14 – 1922,” and
“[a]ddition of James Vance as a party Defendant to the present suit is duplicative of the
matters asserted is the State Court suit.” (Filing No. 59).
After Defendants’ response was filed, on Plaintiff’s motion, the Douglas County
District Court dismissed Plaintiff’s trademark and deceptive practices claims against
Vance without prejudice. (Filing No. 60-1).
Accordingly,
IT IS ORDERED:
1)

Plaintiff’s motion for leave to file an amended complaint, (Filing No. 57),
is granted.

2)

Plaintiff’s amended complaint, a copy of which is attached to its motion,
shall be filed on or before September 18, 2015.

September 14, 2015.

BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge