Harvest v. Thomas et al (JRG2)

Filing 17

ORDER; the Motion for Leave to File an Amended Complaint Pursuant to T.C.A. § 20-1-119 and Incorporated Memorandum of Law 16 is GRANTED. The Plaintiff SHALL FILE his Amended Complaint [Doc. 16-1] as his operative pleading in CM/ECF on or before October 19, 2017. Signed by Magistrate Judge C. Clifford Shirley, Jr on 10/5/17. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ELLERY HARVEST,

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Plaintiff,
v.
OFFICER JOHN THOMAS, et al.,
Defendants.

No. 3:17-CV-227-JRG-CCS

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion for Leave to File an Amended Complaint Pursuant to
T.C.A. § 20-1-119 and Incorporated Memorandum of Law [Doc. 16]. For grounds, the Plaintiff
states that the Defendants’ Answers raise the doctrine of comparative fault and identify the
following tortfeasors: Days Inn; Daniel Brummitt, the night manager at Days Inn; and Health Care
Services Group, the Plaintiff’s employer. The Motion states that pursuant to Tennessee Code
Annotated § 20-1-119, the Plaintiff has ninety days from the date of the Defendants’ Answers to
amend the Complaint to include the additional tortfeasors. In addition, the Plaintiff states that the
Defendants do not oppose the Motion. Finally, the Plaintiff has attached the proposed Amended
Complaint [Doc. 16-1] as an exhibit to his Motion.
The Court finds that the Plaintiff’s Motion is supported by good cause, see Fed. R. Civ. P.
15, and it complies with the Rules of this Court, see E.D. Tenn. L.R. 15.1. In addition, the
Defendants do not oppose the Motion, and the Motion is timely pursuant to the Scheduling Order
in this case. See [Doc. 9 at 3] (“Any motions to amend the pleadings or add new parties must be

filed by January 9, 2018.”). Accordingly, the Motion for Leave to File an Amended Complaint
Pursuant to T.C.A. § 20-1-119 and Incorporated Memorandum of Law [Doc. 16] is GRANTED.
The Plaintiff SHALL FILE his Amended Complaint [Doc. 16-1] as his operative pleading in
CM/ECF on or before October 19, 2017.
IT IS SO ORDERED.
ENTER:

s/ C. Clifford Shirley, Jr.
United States Magistrate Judge

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