Walker v. Guest House at Graceland LLC et al

Filing 97

ORDER Denying 54 Motion for Judgment on the Pleadings; Granting 86 Motion to Amend/Correct. Signed by Judge Thomas L. Parker on 12/18/2018. (pab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

JENNIFER WALKER,
Plaintiff,

v.
GUEST HOUSE AT GRACELAND LLC;
ELVIS PRESLEY ENTERPISES;
TENNESSEE PYRAMID
MANAGEMENT LLC; MEMPHIS POOL
SUPPLY, LLC; and SANTA BARBARA
CONTROL SYSTEMS,
Defendants.

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No. 2:17-cv-02762-TLP-cgc
JURY DEMAND

ORDER GRANTING MOTION TO AMEND AND DENYING MOTION FOR
JUDGMENT ON THE PLEADINGS

Defendants/Cross Claimants Guest House at Graceland LLC (“Guest House”) and
Pyramid Tennessee Management LLC (“Pyramid”) (collectively the “Hotel Defendants”) move
under Rule 15(a)(2) of the Federal Rules of Civil Procedure for leave to amend the crossclaims
against Defendants/Cross Defendants Santa Barbara Control Systems (“SBCS”) and Memphis
Pool Supply LLC (“Memphis Pool”). (ECF No. 86.) For the reasons below, the Hotel
Defendants’ Motion for Leave to Amend the Crossclaims is GRANTED. SBCS’s Motion for
Judgment on the Pleadings related to the Hotel Defendants’ current crossclaims (ECF No. 54) is
DENIED WITHOUT PREJUDICE AS MOOT in light of the Order allowing the Hotel
Defendant’s to amend their crossclaims.

ANALYSIS
The Hotel Defendants have moved for leave to amend their crossclaims against
Memphis Pool and SBCS. (ECF No. 86.) Courts should “freely give leave [to amend the
pleadings] when justice so requires.” Fed. R. Civ. P. 15(a)(2). “In the absence of any apparent
or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant,
repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the
opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the leave
sought should, as the rules require, be ‘freely given.’” Foman v. Davis, 371 U.S. 178, 182
(1962); accord McCray v. Carter, 571 F. App’x 392, 399 (6th Cir. 2014).
The Hotel Defendants’ motion was filed by the deadline established in the Scheduling
Order for amending the pleadings. (See ECF No. 75.) Thus, the Court does not find undue
delay, bad faith, or dilatory motive to be present. SBCS claims that the amendment would be
futile. (ECF No. 87 at PageID 590.) But this Court is not persuaded that the proposed
amendment would be futile. For example, the proposed amendment adds claims for negligence
against SBCS and Memphis Pool which allege enough facts from which one could draw an
inference that SBCS and Memphis Pool were negligent. Plus the proposed Amended Crossclaim
alleges that Legionella bacteria was found in close proximity to the hotel’s pool and hot tub.
This suggests to the Court that it is at least plausible that the bacteria was also present in the pool
or hot tub at the time Plaintiff was a guest at the hotel. Accordingly, the Court finds that the
Hotel Defendants’ proposed amendments would not be futile.
In light of this Order, SBCS’s Motion for Judgment on the Pleadings against the Hotel
Defendants (ECF No. 54) is DENIED WITHOUT PREJUDICE AS MOOT. SBCS will be
allowed to move to dismiss the Amended Crossclaims after they are filed.

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CONCLUSION
For these reasons, Defendants/Cross Claimants Guest House at Graceland LLC and
Pyramid Tennessee Management LLC Motion for Leave to Amend is GRANTED.
Defendant/Cross Defendant Santa Barbra Control Systems’ Motion for Judgment on the
Pleadings against Plaintiff Guest House at Graceland LLC and Pyramid Tennessee Management
LLC is DENIED WITHOUT PREJUDICE.
SO ORDERED, this 18th day of December, 2018.
s/Thomas L. Parker
THOMAS L. PARKER
UNITED STATES DISTRICT JUDGE

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