Synovus Bank v. MPM Investment, LLC et al
Filing
34
ORDER denying as moot 11 Motion to Dismiss Counterclaims; granting nunc pro tunc 15 Motion for Extension of Time to Answer; denying as moot 18 Motion to Strike; denying as moot 22 Motion to Dismiss Third Party Clai ms; granting 31 Motion to Amend/Correct Answer to Complaint; Defendants shall file their Amended Answer by 12/7/11; Plaintiff shall have twenty (20) days from the filing of the 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.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:11cv166
SYNOVUS BANK,
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Plaintiff,
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v.
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ORDER
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MPM INVESTMENT, L.L.C., et al.,
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Defendants
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___________________________________ )
Pending before the Court is Defendants’ Motion to Amend Answer to
Complaint [# 31]. Defendants seek leave of Court to amend their Answer in order
to add factual allegations and two fraud causes of actions based on these facts.
Plaintiff consents to the amendment. The Court GRANTS Defendants’ Motion to
Amend Answer to Complaint [# 31].
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 [# 31].
II.
Conclusion
The Court GRANTS Defendants’ Motion to Amend Answer to Complaint
[# 31]. Defendants shall file their Amended Answer by December 7, 2011. The
Court DENIES as moot the Motion to Dismiss Counterclaims [# 11], Motion to
Strike Answer [# 18], and Motion to Dismiss Third Party Claims [# 22]. Plaintiff
shall have twenty (20) days from the filing of the Amended Answer to answer or
otherwise respond to any counterclaims or third-party claims asserted. Finally, the
Court GRANTS nunc pro tunc the Motion for Extension of Time [# 15].
Signed: November 22, 2011
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