Bergman v. Whan et al

Filing 35

ORDER granting 33 Motion for Leave to File Amended Complaint. Plaintiffs shall have three days to submit amended complaint attached as Exhibit 2 to motion 33 . Signed by Judge Larry R. Hicks on 2/25/14. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RONALD BERGMAN; et al.,

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Plaintiffs,

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v.

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MICHAEL WHAN; et al.,

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Defendants.

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MICHAEL WHAN; et al.,
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Third-Party Plaintiffs,
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v.
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CHRISTINA WASEF,
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Third-Party Defendant.
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3:13-cv-0249-LRH-WGC
ORDER

Before the court is third-party defendant Christina Wasef’s (“Wasef”) emergency motion

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for an order shortening time for leave to amend her answer to assert counterclaims which the court

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shall construe as an emergency motion for leave to amend. Doc. #33.1

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Refers to the court’s docket number.

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I.

Facts and Procedural History

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This action involves a fire at an apartment which killed two children. Plaintiff, the father of

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the children, brought suit against defendants, the owners of the apartment. Doc. #1. In response, the

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defendants filed an answer and third-party complaint against Wasef, the mother of the deceased

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children and the person renting the apartment. Doc. #10. Wasef filed her initial answer. Doc. #18.

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Thereafter, Wasef filed the present emergency motion to amend her answer to assert counterclaims

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before the statute of limitations runs out. Doc. #33.

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II.

Discussion

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

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

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

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

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

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Here, Wasef requests leave to amend her answer to assert counterclaims and add an

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additional defendant to this action. See Doc. #33. A copy of the proposed amended answer is

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attached to the reply in accordance with LR 15-1. Doc. #33, Exhibit 2.

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

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Wasef in requesting leave to amend her answer. Further, the court finds that the matter is early in

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litigation and that the parties would not be prejudiced by allowing amendment. Accordingly, Wasef

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shall be granted leave to amend her answer.

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

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complaint (Doc. #33) is GRANTED. Plaintiffs shall have three (3) days after entry of this order to

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submit the amended complaint attached as Exhibit 2 to the motion for leave to amend (Doc. #33,

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Exhibit 2).

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IT IS SO ORDERED.

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DATED this 25th day of February, 2014.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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