Price v. U.S. Gear Tools, Inc. et al

Filing 44

ORDER granting Pltf's 31 Motion for Leave to File Amended Complaint and add an additional Deft. Pltf shall have 10 days from entry of this Order to file a Second Amended Complaint; the Court STAYS this case as to current Defts. Signed by Magistrate Judge Dennis Howell on 12/18/15. (See order for further details.) (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:15cv33
THOMAS H. PRICE, Administrator of
the Estate of Aaron V. Price, Deceased,

)
)
)
)
Plaintiff,
)
)
v.
)
)
U.S. GEAR TOOLS, INC., et al.,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion for Leave to File Amended
Complaint [# 31]. Plaintiff moves for leave to amend its Amended Complaint and
add an additional defendant. In addition, Plaintiff moves to extend discovery in this
case. Defendants consent (or take no position) to allowing Plaintiff leave to amend
the Amended Complaint and add an additional defendant but object to extending
discovery in this case. Upon a review of the record, the relevant legal authority,
and after consultation with the District Court, the Court DIRECTS the parties as
follows:
(1) The Court GRANTS the motion [# 31] to the extent Plaintiff seeks
leave to amend the Amended Complaint and add an additional
defendant. Plaintiff shall have ten (10) days from the entry of this Order
1

to file a Second Amended Complaint.
(2) The Court STAYS this case as to the current Defendants. Once the
new defendant has been served and answered the Second Amended
Complaint, the Court will set a hearing in this case and, after giving the
parties an opportunity to be heard, enter a new Pretrial Order in this
case.
Signed: December 18, 2015

2