Pentair Water Pool and Spa, Inc. et al v. Hayward Industries, Inc. et al

Filing 235

ORDER: Hayward's motion for leave to amend 223 is GRANTED. Hayward shall file the first amended answer not later than November 16, 2012. Hayward's motion for suspension of existing deadlines and for status conference 225 is GRANTED. T he court will hold a status conference concerning this case at 11:00 a.m. on December 7, 2012, in Courtroom 1, Seventh Floor, Terry Sanford Federal Building, Raleigh, North Carolina. Counsel should read the order in its entirety for all information. Signed by Chief Judge James C. Dever III on 11/12/2012. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

WESTERN DMSION

No. 5:ll~CV-459-D

PENTAIR WATER POOL AND SPA, INC.,)
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and DANFOSS DRIVES AlS,
Plaintiffs,

v.
HAYWARD INDUSTRIES, INC., and
HAYWARD POOL PRODUCTS, INC.
Defendants.

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ORDER

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On September 6, 2012, Hayward Industries, Inc. and Hayward Pool Products, Inc.
("Hayward" or "defendants"), moved for leave to file a first amended answer, affirmative defenses,
and counterclaims [D.E. 223]. On September 11, 2012, defendants moved for suspension of
existing deadlines and to request a status conference [D.E. 225].
The scheduling order required any motions to amend pleadings to be filed by September 6,
2012 [D.E. 122]. Hayward moved for leave to file a first amended answer, affirmative defenses,
and counterclaims within the time period set by the scheduling order. The Federal Rules of Civil
Procedure allow a party to amend a pleading with the leave ofcourt, and "[t]he court should freely
give leave whenjustice so requires." Fed. R. Civ. P. 15(a)(2). On the other hand, "[a] district court
may deny a motion to amend when the amendment would be prejudicial to the opposing party, the
moving party has acted in bad faith, or the amendment would be futile." Egpal Rights Ctr. v. Niles
Bolton AsSQcs., 602 F.3d 597, 603 (4th Cir. 2010). The court has considered Pentair's arguments
in opposition to Hayward's motion, but does not find prejudice, bad faith, or futility. Leave to
amend is appropriate under the liberal standard of Rule 15(a)(2).

Hayward's motion for leave to amend [D.E. 223] is GRANTED. Hayward shall file the first
amended answer not later than November 16.2012. Hayward's motion for suspension of existing
deadlines [D.E. 225] is GRANTED. Hayward's request for a status conference [D.E. 225] is
GRANTED. The court will hold a status conference concerning this case at 11 :00 am. on
December 7,2012, in Courtroom I, Seventh Floor, Terry Sanford Federal Building and Courthouse,
Raleigh, North Carolina At that conference, the court will discuss pending motions and the
development of a new scheduling order. The parties shall meet and confer concerning a new
scheduling order before the hearing.
SO ORDERED. This JA day ofNovember 2012.

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