Arch Insurance Company v. PCL Civil Constructors, Inc. et al

Filing 42

ORDER granting 37 Motion to Amend/Correct; denying as moot 24 Motion to Dismiss for Failure to State a Claim. Plaintiff shall file the amended complaint not later than June 1, 2018. Defendants may plead in response in accordance with the Federal Ru1es of Civil Procedure. Signed by Chief Judge James C. Dever III on 5/22/2018. (Briggeman, N.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA EASTERN DIVISION No. 4:17-CV-126-D ARCH INSURANCE COMPANY, Plaintiff, v. ) ) ) ) ) ORDER ) PCL CIVIL CONTRACTORS, INC., ) PCL CONSTRUCTION ENTERPRISES, INC., ) and PCL CONSTRUCTIONS SERVICES, INC., ) ) Defendants. ) On April 4, 2018, plaintiff sought leave to amend the complaint [D .E. 3 7]. See Fed. R. Civ. P. 15(a)(2). On April25, 2018, defendants responded in opposition [D.E. 39]. On May 9,_2018, plaintiff replied [D.E. 40]. For good cause shown, the court grants plaintiff's motion to amend the complaint [D.E. 37]. Plaintiff shall file the amended complaint not later than June 1, 2018. Defendants may plead in response in accordance with the Federal Ru1es of Civil Procedure. See Fed. R. Civ. P. 15(a)(3). Defendants' motion to dismiss [D.E. 24] is DENIED as moot. SO ORDERED. This __11 day ofMay 2018. Chief United States District Judge

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