Housing Enterprise Insurance Company, Inc. v. One South Place, LP et al (JRG2)

Filing 48

ORDER, the Motion to Amend Answer and to State a Counterclaim 44 and the Joint Motion for Plaintiff to File Second Amended Complaint 46 are GRANTED. The Plaintiff SHALL FILE its Second Amended Complaint [Doc. 46-1] as its oper ative pleading in CM/ECF on or before November 6, 2017. The Defendants SHALL respond to the Second Amended Complaint within fourteen days after the Plaintiff files the Second Amended Complaint. Signed by Magistrate Judge H. Bruce Guyton on 10/23/17. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

HOUSING ENTERPRISE INSURANCE, CO.,
INC.,
Plaintiff,
v.
ONE SOUTH PLACE, LP, et al.,
Defendants.

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No. 3:17-CV-241-JRG-HBG

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 to Amend Answer and to State a Counterclaim of South
Ridge Housing, LLC [Doc. 44] and a Joint Motion for Plaintiff to File Second Amended Complaint
[Doc. 46]. With respect to the Joint Motion [Doc. 46], the parties state that Third-Party Defendant
Wells Fargo Insurance Services USA, Inc., asserted that the First Amended Complaint did not
sufficiently invoke this Court’s diversity jurisdiction because it alleged the residency of certain
individuals and not their citizenship. In response, the Plaintiff intends to file a Second Amended
Complaint to allege domicile/citizenship. The Joint Motion continues that the litigation is within
its preliminary pleading stage and that the case is set for trial on March 26, 2019. The Joint Motion
states that all parties consent to and join in the Motion. Finally, the parties attached the proposed
Second Amended Complaint [Doc. 46-1] as an exhibit to the Motion in accordance with Local
Rule 15.1

The Court observes that the parties also filed a Stipulation of Extension of Time to Respond
to First Amended Complaint [Doc. 47], which states that the parties have agreed that the
Defendants are not required to respond to the First Amended Complaint while the Joint Motion
for Leave to File Second Amended Complaint is pending. Further, the Stipulation provides that
the Defendants shall respond to the operative complaint in accordance with Federal Rule of Civil
Procedure 15(a)(3) and that Defendant South Ridge Housing, LLC may respond with its Amended
Answer and Counterclaim previously submitted with its Motion to Amend Answer [Docs. 44 and
44-1].
Accordingly, the Court finds the Motion to Amend Answer and to State a Counterclaim
[Doc. 44] and the Joint Motion for Plaintiff to File Second Amended Complaint [Doc. 46] are
supported by good cause, see Fed. R. Civ. P. 15, and they comply with the Rules of this Court,
see E.D. Tenn. L.R. 15.1.

In addition, the parties have agreed to the requests made in both

Motions, and both Motions are timely pursuant to the Scheduling Order in this case, see [Doc. 42
at 3] (“Any motions to amend the pleadings or add new parties must be filed by January 30,
2018.”). Accordingly, the Motion to Amend Answer and to State a Counterclaim [Doc. 44] and
the Joint Motion for Plaintiff to File Second Amended Complaint [Doc. 46] are GRANTED. The
Plaintiff SHALL FILE its Second Amended Complaint [Doc. 46-1] as its operative pleading in
CM/ECF on or before November 6, 2017.

The Defendants SHALL respond to the Second

Amended Complaint within fourteen days after the Plaintiff files the Second Amended Complaint.
See Fed. R. Civ. P. 15(a)(3).
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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