Synovus Bank v. Coleman

Filing 50

ORDER denying as moot 26 Motion to Dismiss Amended Counterclaims; denying as moot 34 Motion to Strike; denying as moot 38 Motion to Dismiss Amended Third Party Claims; granting 47 Motion to Amend/Correct; Defendant shall file his Second Amended Answer by 12/7/11; 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 asserted. Signed by Magistrate Judge Dennis Howell on 11/22/11. (nll) Modified text on 11/23/2011 (nll). NEF Regenerated.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:11cv66 SYNOVUS BANK, ) ) Plaintiff, ) ) v. ) ORDER ) PATRICK COLEMAN, ) ) Defendant. ) ___________________________________ ) Pending before the Court is Defendant’s Motion to Amend Answer to Complaint [# 47]. Defendant seeks leave of Court to amend their Answer in order to add factual allegations and to remove a cause of action for aiding and abetting. Plaintiff consents to the amendment. The Court GRANTS Defendant’s Motion to Amend Answer to Complaint [# 47]. 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 "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 -1- 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 Defendant’s 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 Defendant’s Motion to Amend Answer to Complaint [# 47]. II. Conclusion The Court GRANTS Defendant’s Motion to Amend Answer to Complaint [# 47]. Defendant shall file his Second Amended Answer by December 7, 2011. The Court DENIES as moot the Motion to Dismiss Amended Counterclaims [# 26], Motion to Strike Answer [# 34], and Motion to Dismiss Third Party Claims [# 38]. 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 asserted. Signed: November 22, 2011 -2-

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