Progressive Casualty Insurance Company v. Delaney et al

Filing 113

ORDER Granting 84 Plaintiff's Motion for Leave to File an Amended Complaint. Plaintiff Progressive Casualty Insurance Company shall have 10 days to file the amended complaint. IT IS FURTHER ORDERED that 85 and 87 Defendants' Moti ons to Assert Counterclaims is GRANTED. Defendants shall have 20 days after the filing of Plaintiff's amended complaint to file counterclaims. Signed by Judge Larry R. Hicks on 03/21/2014. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10
11
12
13
14

***
)
PROGRESSIVE CASUALTY INSURANCE )
COMPANY,
)
)
Plaintiff,
)
)
v.
)
)
JACKIE K. DELANEY; et al.,
)
)
Defendants.
)
)

15
16

2:11-CV-0678-LRH-PAL
ORDER

Before the court is plaintiff Progressive Casualty Insurance Company’s (“Progressive”)
motion for leave to file an amended complaint. Doc. #84.1

17

Also before the court are defendants’ motions for leave to assert counterclaims.

18

Doc. ##85, 87.

19

I.

Facts and Procedural History

20

This is a declaratory relief action brought by Progressive against defendants to determine

21

whether a company liability insurance policy issued by Progressive to defendant Sun West Bank

22

covers an underlying claim made by the Federal Deposit Insurance Corporation (“FDIC”) against

23

Sun West Bank’s board of directors.

24

On April 29, 2011, Progressive filed a complaint for declaratory relief. Doc. #1. After this

25
26

1

Refers to the court’s docket entry number.

1

action was filed, the parties filed a stipulation to stay the action pending proceedings by the FDIC

2

(Doc. #47) which was approved by the court (Doc. #48). The FDIC then filed a separate action

3

against the officers and board of directors of the now defunct Sun West Bank. See Case No. 2:13-

4

cv-0924-JCM-VCF.

5

In August 2013, the parties lifted the stay in this action and sought to initiate discovery on

6

Progressive’s claim. Thereafter, Progressive filed the present motion for leave to file an amended

7

complaint. Doc. #84.

8

II.

Discussion

9

A party may amend its pleadings after a responsive pleading has been filed by leave of

10

court. FED. R. CIV. P. 15(a)(2). Leave of court to amend should be freely given when justice so

11

requires and when there is no undue delay, bad faith, or dilatory motive on the part of the moving

12

party. See Wright v. Incline Village General Imp. Dist., 597 F.Supp.2d 1191 (D. Nev. 2009); DCD

13

Programs, LTD v. Leighton, 883 F.2d 183 (9th Cir. 1987).

14

Here, Progressive requests leave to amend its complaint to add new allegations to its claims,

15

as well as add an additional claim for reimbursement. See Doc. #84. A copy of the proposed

16

amended complaint is attached to the motion in accordance with LR 15-1. Doc. #84, Exhibit 1.

17

The court finds that there is no undue delay, bad faith, or dilatory motive on behalf of

18

Progressive in requesting leave to amend its complaint. Further, the court finds that the matter is

19

early in discovery and that the defendants would not be prejudiced by allowing amendment -

20

especially in light of their subsequent motions to assert counterclaims covering the same factual

21

conduct. Accordingly, Progressive shall be granted leave to amend its complaint. Similarly,

22

defendants shall be granted leave to assert counterclaims.

23

///

24

///

25

///

26

2

1

IT IS THEREFORE ORDERED that plaintiff’s motion for leave to file an amended

2

complaint (Doc. #84) is GRANTED. Plaintiff Progressive Casualty Insurance Company shall have

3

ten (10) days after entry of this order to file the amended complaint attached as Exhibit 1 to the

4

motion for leave to file an amended complaint (Doc. #84, Exhibit 1).

5

IT IS FURTHER ORDERED that defendants’ motions to assert counterclaims

6

(Doc. ##85, 87) are GRANTED. The defendants shall have twenty (20) days after the filing of

7

plaintiff’s amended complaint to file counterclaims.

8

IT IS SO ORDERED.

9

DATED this 21st day of March, 2014.

10
11
12

__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26

3