Roberts v. Southwest Youth and Family Services Inc et al

Filing 29

ORDER granting in part and denying in part 20 Plaintiff's Motion to Reconsider and Motion to Modify the Dismissal with Leave to Amend with Authority as follows: 1) The Court grants plaintiff leave to file an Amended Complaint. Plaintiff's Amended Complaint shall be due thirty (30) days from the date of this Order; and 2) The Court denies plaintiff's motion to reconsider its Order of Dismissal (as more fully set out in order). Signed by Honorable Vicki Miles-LaGrange on 3/26/2014. (ks)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
BRANDY ROBERTS, formerly Ingram,
Plaintiff,
v.
SOUTHWEST YOUTH AND FAMILY
SERVICES, INC. and
STANLEY EUGENE WILSON, JR.
Individually and in his official capacity,
Defendants.

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Case No. CIV-13-307-M

ORDER
Before the Court is Plaintiff’s Motion to Reconsider and Motion to Modify the Dismissal
with Leave to Amend with Authority, filed August 26, 2013. On September 19, 2013, defendant
Southwest Youth and Family Services, Inc. (“Southwest”) filed its response, and on September
23, 2013, plaintiff filed her reply. Based on the parties’ submissions, the Court makes its
determination.
Plaintiff moves this Court to reconsider its August 13, 2013 Order granting Southwest’s
motion to dismiss, or in the alternative, modify its Order of dismissal by granting plaintiff leave
to file an Amended Complaint. Southwest objects to plaintiff’s Motion to Reconsider and request
this Court enter final judgment in favor of Southwest, pursuant to Federal Rule of Civil
Procedure 54. Having reviewed the parties’ submissions, the Court finds that plaintiff should
have the opportunity to amend her Complaint, specifically since the Court did not dismiss
plaintiff’s claims against Southwest with prejudice.

Accordingly, the Court GRANTS in part and DENIES in part Plaintiff’s Motion to
Reconsider and Motion to Modify the Dismissal with Leave to Amend with Authority [docket
no. 20] as follows:
1. The Court GRANTS plaintiff leave to file an Amended Complaint. Plaintiff’s
Amended Complaint shall be due thirty (30) days from the date of this Order.
2. The Court DENIES plaintiff’s motion to reconsider its Order of Dismissal.
IT IS SO ORDERED this 26th day of March, 2014.