Synovus Bank v. Kimmel et al

Filing 30

ORDER granting 27 Defendant's Motion to Amend Amended Answer to Complaint. Defendants shall file their Amended Answer by December 7,2011. The Court DENIES as moot 11 Motion to Dismiss Defendant's Counterclaims and Third-Party Claims. Plaintiff shall have twenty (20) days from the filing of the Second Amended Answer to answer or otherwise respond to any counterclaims or third-party claims. Signed by Magistrate Judge Dennis Howell on 11/22/2011. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv35
SYNOVUS BANK,
)
)
Plaintiff,
)
)
v.
)
ORDER
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CHARLES KIMMEL, JEREMY
)
KIMMEL, JAY LURIE and
)
ELIZABETH POST,
)
)
Defendants
)
___________________________________ )
Pending before the Court is Defendants’ Motion to Amend Amended
Answer to Complaint [# 27]. Defendants seek leave of Court to amend their
Amended Answer in order to add factual allegations and withdraw the cause of
action for aiding and abetting. Plaintiff does not oppose the proposed amendment.
The Court GRANTS Defendants’ Motion to Amend Amended Answer to
Complaint [# 27].
I.

Analysis

Federal Rule of Civil Procedure 15(a) provides that a party may amend its
pleading after the expiration of the time periods specified in Rule 15(a)(1) "only
with the opposing party's written consent or the court's leave." Fed. R. Civ. P.
15(a)(2). Rule 15(a)(2) further provides that leave to amend shall be freely given
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"when justice so requires." Id. Absent a showing of undue delay, bad faith,
futility, or prejudice to the opposing party, a court should grant a party leave to
amend. Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227 (1962); Equal Rights
Center v. Niles Bolton Assocs., 602 F.3d 597. The proposed amendment to
Defendants’ Second Answer would not result in undue delay or prejudice to
Plaintiff, and the amendment is not futile or made in bad faith. Accordingly, the
Court GRANTS Defendants’ Motion to Amend Amended Answer to Complaint [#
27].
II.

Conclusion

The Court GRANTS Defendants’ Motion to Amend Amended Answer to
Complaint [# 27]. Defendants shall file their Amended Answer by December 7,
2011. The Court DENIES as moot the Motion to Dismiss Defendants’
Counterclaims and Third-Party Claims [# 11]. Plaintiff shall have twenty (20)
days from the filing of the Second Amended Answer to answer or otherwise
respond to any counterclaims or third-party claims.
Signed: November 22, 2011

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