Nunez et al v. Nunez et al

Filing 22

MEMORANDUM DECISION AND ORDER granting 21 Motion for Leave of Court to File Amended Complaint.. Signed by Judge Ted Stewart on 12/23/13. (ss)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION

JENNIFER ELLEN NUNEZ, and CHRISTY
MARIE RICE, fka CHRISTY MARIE
NUNEZ, individually, as heirs of the
ESTATE OF ANTHONY NUNEZ, and as
beneficiaries of THE NUNEZ FAMILY
REVOCABLE INTER VIVOS TRUST,
Plaintiffs,

MEMORANDUM DECISION AND
ORDER GRANTING PLAINTIFFS’
MOTION FOR LEAVE OF COURT
TO FILE AMENDED COMPLAINT

vs.

MICHAEL KEVIN NUNEZ, JR, individually
and as TRUSTEE OF THE NUNEZ
FAMILY REVOCABLE INTER VIVOS
TRUST; RAYNIE NUNEZ and Does 1-10,

Case No. 1:13-CV-126 TS

Defendants.

This matter is before the Court on Plaintiffs Jennifer Ellen Nunez and Christy Marie
Rice’s Motion for Leave of Court to File Amended Complaint. Plaintiffs move the Court for
leave to amend their Complaint to include additional factual allegations and claims that became
available only after Mr. Scott Rasmussen was appointed as successor trustee for the Nunez
Family Trust.
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Federal Rule of Civil Procedure 15 governs the filing of amended and supplemental
pleadings. Rule 15(a)(1) provides that a party may amend its pleadings “once as a matter of
course within . . . 21 day of serving it, or . . . if the pleading is one to which a responsive pleading
is required, 21 days after service of a responsive pleading.” Here, Defendants have not yet
entered an appearance or otherwise filed a responsive pleading. Further, Plaintiffs have only
filed a single Complaint. Thus, Plaintiffs are entitled under Rule 15(a)(1) to amend their
pleading as a matter of course. For this reason, the Court will grant Plaintiffs’ Motion. It is
therefore
ORDERED that Plaintiffs’ Motion for Leave of Court to File Amended Complaint
(Docket No. 21) is GRANTED.
DATED December 23, 2013.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

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