Wright v. Premier Courier, Inc.

Filing 43

ORDER and REPORT AND RECOMMENDATION re 28 MOTION for Judgment on the Pleadings Partial Motion for Judgment on the Pleadings filed by Ronald T. Dillard, Premier Courier, Inc. in that it is RECOMMENDED that the motion be DENIED as MOOT. Objections to R&R due by 6/1/2017. Plaintiff's Unopposed Motion for Leave to File a Second Amended Complaint is GRANTED. Signed by Magistrate Judge Kimberly A. Jolson on 5/18/17. (sem)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION BRANDON WRIGHT, Plaintiff, v. Civil Action 2:16-cv-420 Judge Michael H. Watson Magistrate Judge Jolson PREMIER COURIER, INC., Defendant. ORDER AND REPORT AND RECOMMENDATION This matter is before the Court on Plaintiff’s Unopposed Motion for Leave to File a Second Amended Complaint. (Doc. 41). Rule 15(a)(2) of the Federal Rules of Civil Procedure provides that, when a party must seek leave of court to amend a pleading, “[t]he court should freely give leave when justice so requires.” For good cause shown, and in light of the federal policy in favor of liberal amendment, the unopposed Motion for Leave to File a Second Amended Complaint is GRANTED. (Doc. 41). The Clerk is DIRECTED to file Doc. 41-1 as the Second Amended Complaint. Based on the foregoing, it is RECOMMENDED that Defendants’ Partial Motion for Judgment on the Pleadings be DENIED as MOOT. IT IS SO ORDERED. Date: May 18, 2017 /s/ Kimberly A. Jolson KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

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