Synovus Bank v. Osada
Filing
47
ORDER granting 44 Motion to Amend Amended Answer to Complaint. Defendant shall file her Second Amended Answer by December 7, 2011. The Court DENIES as moot 25 Motion to Dismiss, 31 Motion to Strike and 35 Motion to Dismiss. 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
1:11cv115
SYNOVUS BANK,
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Plaintiff,
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v.
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ORDER
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JANA M. OSADA,
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Defendant.
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___________________________________ )
Pending before the Court is Defendant’s Motion to Amend Amended
Answer to Complaint [# 44]. Defendant seeks leave of Court to amend their
Amended Answer in order to add factual allegations, add two fraud causes of
actions based on these facts, and to remove the case of action for aiding and
abetting. Plaintiff consents to the amendment. The Court GRANTS Defendants’
Motion to Amend Answer to Complaint [# 44].
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,
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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
Defendant’s Amended 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 Amended Answer to Complaint [#
44].
II.
Conclusion
The Court GRANTS Defendant’s Motion to Amend Amended Answer to
Complaint [# 44]. Defendant shall file her Second Amended Answer by December
7, 2011. The Court DENIES as moot the Motion to Dismiss Amended
Counterclaims [# 25], Motion to Strike Answer [# 31], and Motion to Dismiss
Amended Third Party Claims [# 35]. 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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