Synovus Bank v. Philsmith, LLC et al

Filing 44

ORDER granting 41 Motion to Amend Answer to Complaint. Defendants shall file their Second Amended Answer by December 7, 2011. The Court DENIES as moot 23 Motion to Dismiss, 28 Motion to Strike and 32 Motion to D ismiss 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 asserted. 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
1:11cv70
SYNOVUS BANK,
)
)
Plaintiff,
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)
v.
)
ORDER
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PHILSMITH L.L.C., et al.,
)
)
Defendants
)
___________________________________ )
Pending before the Court is Defendants’ Motion to Amend Answer to
Complaint [# 41]. Defendants seek leave of Court to amend their Answer in order
to add factual allegations and to withdraw their cause of action for aiding and
abetting. Plaintiff consents to the amendment. The Court GRANTS Defendants’
Motion to Amend Answer to Complaint [# 41].
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
Defendants’ 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 Answer to Complaint [# 41].
II.

Conclusion

The Court GRANTS Defendants’ Motion to Amend Answer to Complaint
[# 41]. Defendants shall file their Second Amended Answer by December 7, 2011.
The Court DENIES as moot the Motion to Dismiss Amended Counterclaims [#
23], Motion to Strike Answer [# 28], and Motion to Dismiss Third Party Claims [#
32]. 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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