Lexington Insurance Company v. Data Aire, Inc. et al

Filing 20

ORDER granting 19 Motion to Stay re Notice to Conduct Initial Attorneys Conference. Signed by Magistrate Judge Dennis Howell on 3/29/13. (nll)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:12cv97
LEXINGTON INSURANCE
COMPANY,

)
)
)
Plaintiff,
)
)
v.
)
)
DATA AIRE, INC. and TRANE U.S.,
)
INC.,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion to Amend [# 13] and Consent
Motion to Stay [#19]. Plaintiff seeks leave of Court to file an Amended
Complaint. Rule 15 of the Federal Rules of Civil Procedure provides that a party
may amend its pleading after the expiration of the time periods in Rule 15(a)(1)
with the Court’s leave or the written consent of the opposing party. Fed. R. Civ. P.
15(a)(2). None of the Defendants have filed a response to the motion. Upon a
review of the Plaintiff’s motion, the Court GRANTS Plaintiff leave to file an
Amended Complaint within ten (10) days of the entry of this Order. Defendants
shall have twenty (20) days to answer or otherwise respond to the Amended
Complaint. The Court, however, makes no determination at this time as to

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whether the amended pleading would relate back to the date of the original
pleading. If The Trane Company raises the statute of limitations as a defense to
the claims asserted against it and files a Rule 12 motion, the Court will address the
issue at that time.
Finally, the Court GRANTS the Consent Motion to Stay [# 19]. The parties
shall have fourteen (14) days from either the filing of the final answer to the
Amended Complaint or from the date the Court rules on any Rule 12 motions filed
by Defendants to conduct their initial attorney’s conference.
Signed: March 29, 2013

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