North Carolina Environmental Justice Network et al v. Taylor et al

Filing 64

ORDER granting 51 Plaintiffs' Motion for Leave to File Second Amended Complaint and denying as moot 30 , 36 , and 48 Motions to Dismiss. Counsel should file the second amended complaint attached to its motion no later than 4/30/2013. Signed by Chief Judge James C. Dever III on 4/24/2013. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:12-CV-154-D

NORTH CAROLINA ENVIRONMENTAL )
JUSTICE NETWORK, NEUSE
)
RIVERKEEPER FOUNDATION, INC.,
)
and WATERKEEPER ALLIANCE, INC., )
)
Plaintiffs,
)
)
v.
)
)
DONALD TAYLOR and ANNIE
)
TAYLOR, individually and d/b/a
)
TAYLOR FINISHING, JUSTIN T.
)
)
MCLAWHORN, and
AARON MCLAWHORN,
)
)
Defendants. )

ORDER

On November 28, 2012, plaintiffs filed a motion for leave to file a second amended
complaint [D.E. 51] and a memorandum in support [D.E. 52]. On December 21, 2012, defendants
Donald Taylor and Annie Taylor responded in opposition to plaintiffs' motion [D.E. 56-57]. 1 On
January 7, 2013, plaintiffs replied [D.E. 58].
In the proposed second amended complaint, plaintiffs seek only to add the newly revived
McLawhorn Livestock Farm, Inc. as a defendant. [D.E. 52] 4. No discovery has occurred in this
matter. After considering plaintiffs' motion for leave to file a second amended complaint in
accordance with the governing standard, plaintiffs' motion [D.E. 51] is GRANTED. See Fed. R.
Civ. P. 15(a)(2); see also Laber v. Harvey, 438 F.3d 404, 426-27 (4th Cir. 2006) (en bane); Davis

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Defendants Justin T. McLawhorn and Aaron McLawhorn consent to the motion. See [D.E.
52] 2; [D.E. 58-1, 58-2].

v. Piper Aircraft Com., 615 F.2d 606,613 (4th Cir. 1980). Plaintiffs shall file the second amended
complaint attached to their motion not later than April30, 2013. Defendants shall respond to the
second amended complaint in accordance with Federal Rule of Civil Procedure 1S(a)(3).
Defendants' motions to dismiss [D.E. 30, 36, 48] are DENIED AS MOOT.
SO ORDERED. This l l day of April2013.

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