Mott v. The PNC Financial Services Group, Inc. et al

Filing 24

ORDER Granting Plaintiff's 18 Motion for Leave to File First Amended Complaint and Supplemental Complaint. Plaintiff shall file an Amended Complaint identical to that attached to his Motion to Amend within seven days of the entry of this O rder. Defendant Trojan Capital Investments, LLC's 5 Motion to Dismiss is Denied as moot. Defendant Trinity Financial Services, LLC's 9 Motion to Dismiss is Denied as moot. Plaintiff's 19 Motion for Partial Summary Judgment is Denied as moot. Signed by Judge James C. Mahan on 10/20/2016. (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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RODNEY MOTT,

Case No. 2:16-CV-1949 JCM (CWH)

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Plaintiff(s),

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ORDER

v.
THE PNC FINANCIAL SERVICES
GROUP, INC., et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is plaintiff Rodney Mott’s motion for leave to file first amended
and supplemental complaint. (ECF No. 18). Defendants Trinity Financial Services, LLC and
Trojan Capital Investments, LLC filed a non-opposition in response. (ECF No. 20).
Plaintiff seeks to add factual allegations to his existing claims and add new parties and
claims based on events occurring since he filed his original complaint on August 16, 2016. (ECF
No. 18).
Federal Rule of Civil Procedure 15(a) provides that leave to amend “shall be freely given
when justice so requires.” Fed. R. Civ. P. 15(a). The United States Supreme Court has interpreted
Rule 15(a) and confirmed the liberal standard district courts must apply when granting such leave.
In Foman v. Davis, 371 U.S. 178 (1962), the Supreme Court explained: “[i]n the absence
of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part
of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue
prejudice to the opposing party by virtue of allowance of the amendment, futility of the
amendment, etc.—the leave sought should, as the rules require, be ‘freely given.’” Id. at 182.

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Further, Local Rule 15-1(a) also requires that a plaintiff submit a proposed, amended

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complaint along with its motion to amend. LR 15-1(a). Plaintiff included a proposed amended

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complaint with his motion to amend in compliance with this rule. (ECF No. 18-1).

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Based on the foregoing, the court finds good cause to grant plaintiff leave to amend his
complaint.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff Rodney Mott’s

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motion for leave to file first amended and supplemental complaint (ECF No. 18) be, and the same

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hereby is, GRANTED.

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IT IS FURTHER ORDERED that plaintiff shall file an amended complaint identical to that
attached to his motion to amend (ECF No. 18-1) within seven (7) days of the entry of this order.
IT IS FURTHER ORDERED that defendant Trojan Capital Investments, LLC’s motion to
dismiss (ECF No. 5) be, and the same hereby is, DENIED as moot.
IT IS FURTHER ORDERED that defendant Trinity Financial Services, LLC’s motion to
dismiss (ECF No. 9) be, and the same hereby is, DENIED as moot.
IT IS FURTHER ORDERED that plaintiff’s motion for partial summary judgment (ECF
No. 19) be, and the same hereby is, DENIED as moot.
DATED October 20, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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