Probuilders Specialty Insurance Company v. Double M Construction dba Classic Homes, a Nevada corporation

Filing 23

ORDER that 21 Motion for Leave to File and Amended Complaint is GRANTED. Plaintiff shall file and serve the amended complaint no later than 11/25/14. FURTHER ORDERED that 20 Motion for Leave to File an Amended Answer to Assert a Counterclaim and new Affirmative Defenses is GRANTED. Signed by Magistrate Judge Nancy J. Koppe on 11/20/14. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

PROBUILDERS SPECIALITY
INSURANCE COMPANY,

9
Plaintiff(s),
10
vs.
11
DOUBLE M. CONSTRUCTION,
12
Defendant(s).
13

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:13-cv-02156-JCM-NJK
ORDER GRANTING MOTIONS
FOR LEAVE TO AMEND
(Docket Nos. 20, 21)

14

Pending before the Court is Plaintiff’s motion for leave to file an amended complaint. Docket

15

No. 21. That motion was filed on October 31, 2014, and no response was filed in opposition.

16

Accordingly, the motion is hereby GRANTED as unopposed. See Local Rule 7-2(d). Pursuant to Local

17

Rule 15-1(b), no later than November 25, 2014, Plaintiff shall file and serve the amended complaint.

18

Also pending before the Court is Defendant’s motion for leave to file an amended answer to

19

assert a counterclaim and new affirmative defenses. Docket No. 20. That motion was filed on October

20

31, 2014, and no response was filed in opposition. Accordingly, the motion is hereby GRANTED as

21

unopposed. See Local Rule 7-2(d). In light of the Court order granting Plaintiff’s motion to file an

22

amended complaint, Defendant need not file and serve its proposed Amended Answer. Instead,

23

Defendant may add the new counterclaim and affirmative defenses when it files its pleading responsive

24

to the Amended Complaint. See, e.g., Fed. R. Civ. P. 15(a)(3).

25

IT IS SO ORDERED.

26

DATED: November 20, 2014

27
28

______________________________________
NANCY J. KOPPE
United States Magistrate Judge