VAZQUEZ v. UNITED STATES OF AMERICA et al
Filing
21
OPINION AND ORDER granting 20 Motion to Amend; Clerk of the Court shall file the proposed amended complaint; the Clerk shall issue summons and the United States Marshal shall serve. Signed by Judge Noel L. Hillman on 5/17/2016. (tf, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
:
:
Plaintiff,
:
:
v.
:
:
UNITED STATES OF AMERICA, et al., :
:
Defendants.
:
___________________________________:
MIGUEL VAZQUEZ,
Civ. No. 15-1671 (NLH)
OPINION and ORDER
APPEARANCES:
William M. Tambussi, Esq.
Brown & Connery, LLP
360 Haddon Ave.
P.O. Box 539
Westmont, NJ 08108
Counsel for Plaintiff
This matter is presently before the Court upon receipt of a
motion (ECF No. 20) by counsel for Plaintiff Miguel Vazquez
seeking leave to file an Amended Complaint.
Counsel explains
that, although the proposed amended complaint contains some
additional factual allegations, it does not set forth any new
claims; and instead only clarifies the existing claims in a
format which more accurately conforms to the Rules of the Court.
Counsel for Plaintiff further asserts that there has been no bad
faith or undue delay on Plaintiff’s part; and counsel states
that Defendants will not be prejudiced by the filing of an
amended complaint.
Counsel submits the proposed amended
complaint as an attachment to his brief in support of the
motion. (Mot. 5-15, Ex. A, ECF No. 20-1).
Defendants in this
case have not yet filed an Answer, and no attorney has entered
an appearance on their behalf.
Amendments to pleadings are governed by Federal Rule of
Civil Procedure 15, which provides that the Court “should freely
give leave when justice so requires.” FED. R. CIV. P. 15(a)(2).
The Third Circuit has shown a strong liberality in allowing
amendments under Rule 15 in order to ensure that claims will be
decided on the merits rather than on technicalities. Schomburg
v. Dow Jones & Co., 504 F. App’x 100, 103 (3d Cir. 2012) (citing
Dole v. Arco Chemical Co., 921 F .2d 484, 487 (3d Cir. 1990));
Bechtel v. Robinson, 886 F.2d 644, 652 (3d Cir. 1989).
An
amendment must be permitted in the absence of undue delay, bad
faith, dilatory motive, unfair prejudice, or futility of
amendment. Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d
Cir. 2002) (citing Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct.
227, 9 L.Ed.2d 222 (1962)).
The Court finds that the instant motion to amend was filed
in good faith.
Further, Defendants will suffer no prejudice if
the motion is granted.
Finally, because the proposed amended
complaint does not add claims, but clarifies the existing claims
and factual allegations, the Court finds that granting amendment
will benefit the Court and the parties.
Therefore, for good
cause shown,
IT IS on this
17th
day of
May
, 2016,
ORDERED that Plaintiff’s Motion to Amend (ECF No. 20) is
GRANTED; and it is further
ORDERED that the Clerk of the Court shall file the proposed
amended complaint, which appears as Exhibit A to Plaintiff’s
motion, see (ECF No. 20-1 at 5-15), as a new and separate docket
entry with the title “Amended Complaint”; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(d), the Clerk
shall issue summons and the United States Marshal shall serve
summons, the Amended Complaint and this Order upon Defendants,
with all costs of service advanced by the United States 1; and it
is further
ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2),
Defendants shall file and serve an answer, see FED. R. CIV. P.
12(a)(1)(A).
At Camden, New Jersey
1
___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge
Alternatively, the U.S. Marshal may notify defendant(s) that
an action has been commenced and request that the defendant(s)
waive personal service of a summons in accordance with FED. R.
CIV. P. 4(d).
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