Graham Engineering Corp. v. Adair
Filing
44
ORDER granting Graham's motion 34 for leave to file 2nd amended complaint until 10/17/2017. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 10/13/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GRAHAM ENGINEERING CORP.,
Plaintiff
v.
ERIC ADAIR,
Defendant
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CIVIL ACTION NO. 1:16-CV-2521
(Chief Judge Conner)
ORDER
AND NOW, this 13th day of October, 2017, upon consideration of the motion
(Doc. 34) filed by plaintiff Graham Engineering Corporation (“Graham”) for leave to
file a second amended complaint against defendant Eric Adair (“Adair”) pursuant
to Federal Rule of Civil Procedure 15(a)(2), and Graham’s brief (Doc. 35) in support
thereof, wherein Graham asserts that amendment is necessary to plead additional
facts directed to Adair’s “actual efforts to compete” and “further demonstrate that
the claims asserted . . . are anything but speculative,” (see id. at 2), and further upon
consideration of the opposition (Doc. 43), wherein Adair suggests that the interests
of justice warrant denial of Graham’s motion, (see id. at 1-2, 10-19), and the court
observing that Rule 15(a)(2) directs the court to “freely give leave when justice so
requires,” FED. R. CIV. P. 15(a)(2), and that the decision whether to grant leave to
amend is committed to the sound discretion of the district court, see Lorenz v. CSX
Corp., 1 F.3d 1406, 1413 (3d Cir. 1993) (citing Bechtel v. Robinson, 886 F.2d 644, 647
(3d Cir. 1989)), and that courts will generally grant leave to amend unless an
opposing party demonstrates undue delay, bad faith on the part of the movant, or
prejudice to the non-moving party, see Arthur v. Maersk, Inc., 434 F.3d 196, 204 (3d
Cir. 2006); see also Foman v. Davis, 371 U.S. 178, 182 (1962); Combined Ins. Co. of
Am. v. Bastian, No. 09-CV-111, 2009 WL 5111794, at *1 (M.D. Pa. Dec. 17, 2009), and,
following a review of the proposed amended pleading (Doc. 34-2), and in light of the
minor alterations therein, and upon examining Adair’s assertions with respect to
bad faith, futility, and prejudice, (Doc. 43 at 10-19), and the court concluding that
the interest of justice favors granting leave to amend under the circumstances, it is
hereby ORDERED that:
1.
Graham’s motion (Doc. 34) for leave to file a second amended
complaint is GRANTED.
2.
Graham shall file its second amended complaint on or before October
17, 2017.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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