Graham Engineering Corp. v. Perri
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.
MICHAEL PERRI,
Defendant
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CIVIL ACTION NO. 1:16-CV-2525
(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 Michael Perri (“Perri”)
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 Perri’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 Perri 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 Perri’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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