Synovus Bank v. Maurer

Filing 48

ORDER granting 45 Deft's Motion to Amend/Correct 15 Amended Answer to Complaint, Counterclaim and Third Party Complaint, Deft shall file his Second Amended Answer by 12/7/2011; denying as moot 26 Motion to Dismiss Amended Counterclaims, 32 Motion to Strike Answer, and 36 Motion to Dismiss Third Party Claims. Pltf shall have 20 days from filing of Second Amended Answer to answer or otherwise respond to any counterclaims or third-party claims asserted. Signed by Magistrate Judge Dennis Hwell on 11/22/11. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv68
SYNOVUS BANK,
)
)
Plaintiff,
)
)
v.
)
ORDER
)
JUDSON MAUER,
)
)
Defendant.
)
___________________________________ )
Pending before the Court is Defendant’s Motion to Amend Answer to
Complaint [# 45]. 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 [# 45].
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
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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 [# 45].
II.

Conclusion

The Court GRANTS Defendant’s Motion to Amend Answer to Complaint
[# 45]. 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 [# 32], and Motion to Dismiss Third Party Claims [#
36]. 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

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