United States of America v. Stabl, Inc.. et al

Filing 46

ORDER granting 44 Motion for Leave to File First Amended Complaint. The United States shall file its Amended Complaint on or before June 16, 2017. Ordered by Magistrate Judge F.A. Gossett. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,
v.
STABL, INC. f/k/a NEBRASKA
BY-PRODUCTS, INC.; LANT, INC.;
LEON JOHNSON; and ANN
JOHNSON,
Defendants.

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8:16CV233
ORDER

This matter comes before the court on the United States’ Motion for Leave to File First
Amended Complaint (Filing No. 44). Plaintiff notified the court that the motion is opposed by
Defendants; however, no Defendant filed a brief opposing the motion by the response deadline
of May 31, 2017.1 Therefore, the Court determines the motion is ripe for review.
Under Federal Rule of Civil Procedure 15, the Court should “freely give leave” to
amend a pleading “when justice so requires.” Fed. R. Civ. P. 15(a). Nevertheless, a party
does not have an absolute right to amend and “denial of leave to amend may be justified by
undue delay, bad faith on the part of the moving party, futility of the amendment or unfair
prejudice to the opposing party.” Amrine v. Brooks, 522 F.3d 823, 833 (8th Cir. 2008)
(quotation and citation omitted).
The Court’s Order for Initial Progression (Filing No. 43) provides June 30, 2017, as the
deadline for plaintiffs to amend pleadings or add parties. Plaintiff’s instant motion to amend is
timely and the case is still in its early stages of progression. Plaintiff seeks to amend its
Complaint to add causes of action based on the same statutory authority set forth in the initial
Complaint pursuant to the Federal Debt Procedures Act (FDCPA), 28 U.S.C. §§ 3301-3308 et
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See NECivR 6.1 and 7.1(b) (Effective December 1, 2016).
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seq. The First Amended Complaint additionally contains a request for equitable relief for
alter-ego liability based on the same facts alleged in the original complaint. In consideration
of the above, and considering that leave to amend should be freely given, the Court finds
Plaintiff’s motion should be granted. Accordingly,

IT IS ORDERED: The United States’ Motion for Leave to File First Amended
Complaint (Filing No. 44) is granted. The United States shall file its Amended Complaint on
or before June 16, 2017.

DATED: June 2, 2017.
BY THE COURT:
s/ F.A. Gossett, III
United States Magistrate Judge

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