Raaum Estates et al v. Murex Petroleum Corporation

Filing 35

ORDER granting plaintiff's motion to amend to assert a claim for punitive damages at Docket No. 1-6. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Raaum Estates, a North Dakota General
Partnership, effective January 1, 1989, by
and through its Present Managing Partner,
Joseph Dale Raaum a/k/a Dale Raaum
Plaintiff,
vs.
Murex Petroleum Corporation, a foreign
business corporation, licensed to do
business in North Dakota,
Defendant.

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ORDER GRANTING LEAVE
TO AMEND THE COMPLAINT TO
PLEAD A CLAIM FOR PUNITIVE
DAMAGES

Case No. 4:14-cv-024

Before the court is plaintiff’s motion to amend its complaint to assert a claim for punitive
damages. Plaintiff’s motion was made prior to the removal of the case. And, after the court denied
the cross-motions for summary judgment, it allowed the parties to further address the issue.
The court is well aware of the standard set forth under N.D.C.C. § 32-03.2-11 for when a
motion to amend a complaint to plead recovery of punitive damages should be allowed as well as
the ultimate standard for an award of punitive damages. See, e.g., Mosley v. Alpha Oil and Gas
Services, Inc., 962 F.Supp.2d 1090, 1105 (D.N.D. 2013). Without deciding whether an award of
punitive damages is ultimately appropriate in this case, the court concludes plaintiff has submitted
enough to make out a prima facie case for such an award if the facts are construed, as well as all
inferences are drawn, in plaintiff’s favor.

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Based on the foregoing, plaintiff’s motion requesting leave to file an amended complaint
including a claim for punitive damages (Doc. No. 1-6) is GRANTED. Plaintiff shall file the
amended complaint including the claim for punitive damages on or before August 10, 2016.
Defendant may file an amended answer if it chooses, but one will not be required to contest the
claim as the court will deem the issue to have been controverted by defendant without further
pleading.
IT IS SO ORDERED.
Dated this 1st day of August, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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