Clark v. The Walt Disney Company et al

Filing 44

ORDER granting 43 Motion for Leave to File second amended complaint. Signed by Magistrate Judge Mark R. Abel on 5/06/09. (rew )

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Clark v. The Walt Disney Company et al Doc. 44 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AARON CLARK, Plaintiff v. THE WALT DISNEY CO., et al., Defendants. : : : : : ORDER This matter is before the Court pursuant to Plaintiff Aaron Clark's Motion for Leave to File Second Amended Complaint (Doc. 43). Plaintiff avers that, since filing his First Amended Complaint, he has discovered that two parties named in that complaint are not proper defendants. On May 1, 2009, he filed a notice of voluntary dismissal of these two defendants.1 (Doc. 42.) Plaintiff now seeks to amend his complaint again to add a new defendant whom he characterizes as "the proper party", Disney Shopping, Inc. He avers that Defendants have consented to accept service of the Second Amended Complaint on behalf of this new party defendant. For good cause shown, the Motion (Doc. 43) is GRANTED. s/Mark R. Abel United States Magistrate Judge The two dismissed defendants, Disney Interactive Media Group and Disney Online, have not filed either answers or motions for summary judgment in this action. See Fed. R. Civ. Pro. 41(a)(1)(A)(i). 1 Civil Action 2:08-cv-982 Judge Holschuh Magistrate Judge Abel Dockets.Justia.com

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