Adams et al v. Ohio University et al

Filing 22

REPORT AND RECOMMENDATION and ORDER: Magistrate Judge GRANTS 21 MOTION for Leave to File First Amended Complaint, RECOMMENDS DENYING as MOOT 13 MOTION to Dismiss. The parties are DIRECTED to meet and confer and submit via email a Joint Proposed Scheduling Order by 6/23/2017. Signed by Magistrate Judge Kimberly A. Jolson on 6/19/2017. (ew)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CHRISTINE ADAMS, et al., Plaintiffs, Civil Action 2:17-cv-200 Judge Algenon L. Marbley Magistrate Judge Jolson v. OHIO UNIVERSITY, et al., Defendants. REPORT AND RECOMMENDATION AND ORDER This matter is before the Court on Plaintiffs’ Motion for Leave to File a First Amended Complaint. (Doc. 21). Defendants have advised this Court that they will not oppose Plaintiffs’ Motion. 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 First Amended Complaint is GRANTED. (Doc. 21). The Clerk is DIRECTED to file Doc. 21-1 and related exhibits as the First Amended Complaint. Based on the foregoing, it is RECOMMENDED that Defendants’ Motion to Dismiss be DENIED as MOOT. (Doc. 13). In addition, this Court previously limited permissible discovery. (See Doc. 20). Because the procedural posture of this case has changed, the parties are DIRECTED to meet and confer and submit a joint proposed scheduling order to the Court by June 23, 2017. The joint proposed scheduling order may be submitted to chambers ( and need not be filed on the Courts’ docket. IT IS SO ORDERED. Date: June 19, 2017 /s/ Kimberly A. Jolson KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE 2

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