Foy v. Union Development Corporation et al

Filing 34

ORDER by Circuit Judge Paul Kelly, Jr. granting 28 Plaintiff's Motion to Amend Complaint. Plaintiff shall file her amended complaint within 10 days from entry of this order. (rt)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

ERIN FOY,
Plaintiff,
v.
UNION DEVELOPMENT
CORPORATION d/b/a BUILD NEW
MEXICO, and STATE FARM MUTUAL
AUTOMOBILE INSURANCE CO.,

No. 1:17-cv-00992-PJK-SCY

Defendants.

ORDER GRANTING LEAVE TO AMEND

THIS MATTER comes before the court on Plaintiff’s Motion to Amend
Complaint filed February 13, 2018. ECF No. 28. Upon consideration thereof, the motion
is granted. The request comes prior to March 1, 2018, the date contemplated in the joint
status report for Plaintiff to amend the complaint or join additional parties. ECF No. 25,
at 2. Defendant State Farm contends that allowing amendment is contrary to the
agreement reached at the scheduling conference and that it will cause prejudice. ECF No.
30, at 4. At the same time, State Farm also recognizes that the amended complaint could
become germane if dispositive motions on the non-bad faith claims do not resolve the
matter. Id. Under the circumstances, and given the policies behind liberal amendment in

the early stages of litigation, the court will allow it. See Fed. R. Civ. P. 15(a)(2);
Calderon v. Kan. Dep’t of Soc. & Rehab. Servs., 181 F.3d 1180, 1186 (10th Cir. 1999).
Plaintiff shall file her amended complaint within ten days from the entry of this order.
DATED this 27th day of March 2018, at Santa Fe, New Mexico.

UNITED STATES CIRCUIT JUDGE
Sitting by Designation

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