Philadelphia Indemnity Insurance Company v. Neyland Apartment Associates Five, LLC et al

Filing 38

ORDER; Plaintiff's Motion to Amend Complaint 37 is GRANTED. Plaintiff SHALL FILE its First Amended Complaint for Declaratory Judgment [Doc. 37-2] as its operative pleading in CM/ECF on or before November 27, 2018. Signed by Magistrate Judge H. Bruce Guyton on 11/13/18. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
PHILADELPHIA INDEMNITY
INSURANCE COMPANY,
Plaintiff,
v.
NEYLAND APARTMENT ASSOCIATES
FIVE, LLC, and CARSON R. GENTRY,
Defendants.

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No. 3:18-CV-89-HBG

ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636(c), Rule 73 of the Federal
Rules of Civil Procedure, and the consent of the parties, for all further proceedings, including entry
of judgment [Doc. 8].
Now before the Court is Plaintiff’s Motion to Amend Complaint [Doc. 37]. For grounds,
Plaintiff states that this matter is a Declaratory Judgment whereby Plaintiff requests that the Court
declare its legal obligations and rights pursuant to a contract of insurance with Defendant Neyland
Apartment Associates Five, LLC (“Neyland”) in light of litigation filed by Defendant Carson
Gentry. The Motion states that in that litigation, Defendant Gentry has filed a Third Amended
Complaint, naming DLH Cottages on Tazewell, LLC (“DLH”). DLH has recently requested that
Plaintiff provide it a defense in the underlying litigation filed by Defendant Gentry. Plaintiff seeks
to amend the Complaint to add DLH to the instant matter. Plaintiff states that Defendants do not
oppose the Motion.

Finally, the Court observes that Plaintiff attached the First Amended

Complaint for Declaratory Judgment as an exhibit [Doc. 37-2] to its Motion in accordance with

Local Rule 15.1.
The Court finds that 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, Defendants do
not oppose the Motion, and the Motion is timely under the Scheduling Order. See [Doc. 33 at 6]
(“If any party wishes to join one or more additional parties or amend to add alleged tortfeasors,
such joinder or amendment shall be made on or before February 11, 2019.”). Accordingly,
Plaintiff’s Motion to Amend Complaint [Doc. 37] is GRANTED. Plaintiff SHALL FILE its First
Amended Complaint for Declaratory Judgment [Doc. 37-2] as its operative pleading in CM/ECF
on or before November 27, 2018.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge

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