United States of America v. Travelers Casualty and Surety Company of America et al

Filing 54

ORDER Granting 40 Motion to Amend/Correct Complaint. GCS is directed to file its Amended Complaint within 10 days of this Order. Signed by Judge Jennifer A. Dorsey on 1/16/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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United States of America, for the use and
benefit of Gregg Chambers & Sons, LLC,

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Plaintiff,
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v.
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Travelers Casualty and Surety Company of
America, et al.,
Defendants.

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)
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Case No.: 2:13-cv-400-JAD-CWH
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)
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) Order Granting Plaintiff’s Motion for
) Leave to Amend Its Complaint [Doc. 40]
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)

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Plaintiff United States of America for the use and benefit of Greg Chambers & Sons,
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LLC, (“GCS”) filed this suit against Defendant Granite Petroleum, Inc. on March 8, 2013,
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alleging contractual breaches from a construction project on federal property. Doc. 1.1 On

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July 16, 2013, GCS moved to amend its Complaint against Granite to add “a claim for relief
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for [Granite’s] violation of the Federal Prompt Pay Act,” 31 U.S.C. § 3905. Doc. 40 at 2.
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Granite’s response points out that although GCS did not contact it to request a stipulation
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prior to requesting leave to amend, “[g]iven the early stages of the case and the absence of
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prejudice to Granite . . . Granite . . . stipulates that leave be granted.” Doc. 41 at 1.
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Fed. R. Civ. Proc. 15(a) provides that when an pleading amendment is sought after the
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21-day deadline for filing as a matter of course, “a party may amend its pleading only with
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There is no record of a Summons ever being returned executed as to Grainte, although one was
issued on March 8, 2013. Doc. 1. In any event, Granite answered the Complaint on April 17, 2013.

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the opposing party’s written consent or the court’s leave. The court should freely give leave

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when justice so requires.” Rule 15(a)(2). Although GCS did not technically obtain a

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stipulation from Granite prior to filing its motion, Granite’s response voluntarily stipulates to

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granting of leave. The Court’s evaluation of GCS’s filing reveals no reason that the proposed

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amended complaint should not be allowed.

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Accordingly, based upon the foregoing reasons and with good cause appearing and no
reason for delay,
It is HEREBY ORDERED that GCS’s Motion for Leave to Amend Its Complaint
[Doc. 40] is GRANTED. GCS is directed to file its Amended Complaint within 10 days of
this Order.
DATED: January 16, 2013.

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_________________________________
JENNIFER A. DORSEY
UNITED STATES DISTRICT JUDGE

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