Lipton v. Ozark Motor Lines Inc et al

Filing 7

MEMORANDUM OPINION AND ORDER: The Court GRANTS Plaintiff's 6 motion for leave to amend his complaint and FINDS AS MOOT Defendants' 5 motion dismiss. (Ordered by Judge Brantley Starr on 6/4/2024) (agc)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JIMMY LIPTON, Plaintiff, v. OZARK MOTOR LINES INC et al., Defendants. § § § § § § § § § Civil Action No. 3:23-CV-2372-X MEMORANDUM OPINION AND ORDER This is case is about a car accident. Plaintiff Jimmy Lipton sued in state court, and Defendants Ozark Motor Lines, Inc. and Taiwan Williams removed the case. 1 Within a week of removing the case, Defendants filed a motion to dismiss. 2 Plaintiff filed a response to the motion to dismiss (albeit a week late) that included a motion for leave to amend his complaint. 3 Defendants never filed a response to Plaintiff’s motion for leave to amend his complaint nor a reply to their motion to dismiss. As the Court must “freely give leave when justice so requires,” 4 and Defendants never responded, the Court GRANTS Plaintiff’s motion for leave to amend his complaint (Doc. 6) and FINDS AS MOOT Defendants’ motion dismiss (Doc. 5). IT IS SO ORDERED this 4th day of June, 2024. 1 Doc. 1. 2 Doc. 5. 3 Doc. 6. 4 FED. R. CIV. P. 15(a)(2). 1 BRANTLEY STARR UNITED STATES DISTRICT JUDGE 2

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