Hill et al v. State of Utah et al

Filing 14

MEMORANDUM DECISION granting 12 Motion to Amend/Correct. Signed by Magistrate Judge Evelyn J. Furse on 06/12/2013. (asp)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

QAIYIM HILL, and RICHARD ANTHONY
URIBE,
Plaintiffs,

v.
STATE OF UTAH, UTAH STATE
DEPARTMENT OF CORRECTIONS,
BLAKE MILLECAM, individually and his
official capacity; JASON NEWMAN,
individually and in his official capacity, and
JOHN DOES I-X.

MEMORANDUM DECISION & ORDER
GRANTING QAIYIM HILL AND
RICHARD ANTHONY URIBE'S MOTION
TO AMEND

Case No. 2: 12-cv-0071 0-EJF

Magistrate Judge Evelyn J. Furse

Defendants.

Plaintiffs Qaiyim Hill and Richard Anthony Uribe ("Plaintiffs") moved the Court to
Amend the Complaint. (ECF No. 12.) After careful consideration, the Court GRANTS the
Motion based on the arguments in the motion and the lack of opposition thereto.
After the time period for amending as a matter of course has expired, "a party may amend
its pleading only with the opposing party's written consent or the court's leave. The court should
freely give leave 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."" Minter v. Prime Equip.
Ca.,451 F.3d 1196, 1204(2006)(quotingFomanv. Davis,371 U.S.178, 182(1962)). The
Defendant does not allege any of these reasons, and therefore the Court GRANTS the motion.

SO ORDERED this 12th day ofJune, 2013.
BY THE COURT:

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EVELYN .J. FURSE
United States Magistrate Judge