Lane v. McDonald et al

Filing 17

ORDER granting 13 Motion to Amend/Correct. Plaintiff shall file her first amended complaint within ten days of the entry ofthis order. Signed by Magistrate Judge Susan K Lee on 5/25/2016. (CNC, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
CHRISTEN LANE,
Plaintiff,
v.
DAVID MCDONALD, et al.,
Defendants.

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ORDER

No. 1:16-cv-87-TRM-SKL

Before the Court is Plaintiff’s first motion for leave to amend her complaint pursuant to
Federal Rules of Civil Procedure 15 and E.D. Tenn. L.R. 15.1 [Doc. 13]. Plaintiff’s attached
proposed first amended complaint does not state any claims against David McDonald and Diane
McDonald individually, stating only that they “are the two members of the Company.” The
proposed first amended complaint further states that “[t]he Company is referred to in this
complaint as ‘Defendant”’ and the sole Defendant named in the proposed first amended
complaint is Lift 1428, LLC [Doc. 13-1]. Defendants David McDonald, Diane McDonald, and
Lift 1428, LLC filed a response to Plaintiff’s motion to amend complaint which includes a
motion to amend caption stating that the proposed first amended complaint removes any claims
against David McDonald and Diane McDonald but fails to remove David McDonald and Diane
McDonald from the caption of the case as listed on the proposed first amended complaint [Doc.
13-1] and asks that David McDonald and Diane McDonald both be removed from the caption of
the case as reflected in the body of the proposed first amended complaint [Doc. 15]. The
response and motion of the Defendants does not explicitly state that they have no opposition to
the motion to amend complaint other than their request to remove David and Diane McDonald

from the caption. The Court construes the response and motion as indicating Defendants do not
oppose the motion to amend complaint.
Accordingly, Plaintiff’s motion for leave to amend her complaint [Doc. 13] is
GRANTED and Plaintiff shall file her first amended complaint within ten days of the entry of
this order. The Plaintiff shall further revise her first amended complaint [Doc. 13-1] and remove
the names of David McDonald and Diane McDonald from the caption of the first amended
complaint. The Clerk is DIRECTED to revise the docket to reflect the amendment of the
caption of the case upon the filing of the first amended complaint and any further pleadings in
this matter shall be filed with the amended caption reflecting the only remaining Defendant as
Lift 1428, LLC.
SO ORDERED.
ENTER.
s/fâátÇ ^A _xx
SUSAN K. LEE
UNITED STATES MAGISTRATE JUDGE