Domai v. American Express et al
MEMORANDUM DECISION AND ORDER - granting 27 Motion for Extension of Time to Amend. The deadline for Plaintiff to file a motion to amend his Amended Complaint is continued to May 2, 2014. All other deadlines in the Courts Scheduling Order remain unchanged. Signed by Judge Ted Stewart on 4/16/14. (ss)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
GUY M. DOMAI,
MEMORANDUM DECISION AND
ORDER GRANTING PLAINTIFF’S
MOTION FOR CONTINUANCE
AMERICAN EXPRESS, et al.,
Case No. 2:13-CV-567 TS
District Judge Ted Stewart
This matter is before the Court on Plaintiff’s Motion for Continuance. For the reasons
discussed below, the Court will grant the Motion.
Plaintiff filed his Complaint in this matter on June 26, 2013, and filed an Amended
Complaint on September 27, 2013. Defendant American Express filed its Answer on October
30, 2013. On December 27, 2013, the Court established a Scheduling Order. Relevant to this
Motion, the Court provided a deadline of March 11, 2014, for Plaintiff to file a motion to amend
his Amended Complaint.
On March 6, 2014, before the deadline to file a motion to amend had passed, Plaintiff
filed the instant Motion. Plaintiff requests an extension of time to submit his motion to amend,
arguing that he has been seriously ill and has been receiving treatment. Defendant objects to
Federal Rule of Civil Procedure 6(b)(1)(A) provides that “[w]hen an act may or must be
done within a specified time, the court may, for good cause, extend the time . . . with or without
motion or notice if the court acts, or if a request is made, before the original time or its extension
expires.” In this case, the Court finds that Plaintiff has demonstrated good cause. Plaintiff
represents that he has been seriously ill and has been receiving treatment. As a result, Plaintiff
requests additional time to file a motion to amend.
Defendant objects to Plaintiff’s Motion, arguing that Plaintiff has failed to meet the
requirements of Federal Rule of Civil Procedure 15(a). While this is true, the Court does not
construe Plaintiff’s current Motion as seeking leave to amend. Rather, Plaintiff is only seeking
an extension of the time by which he must file a motion to amend. The Court will grant that
request, but by doing so the Court is not ruling on Plaintiff’s ultimate ability to file an amended
complaint. The Court is merely extending the time for Plaintiff to file a motion to amend.
Should Plaintiff choose to file such a motion, Plaintiff must comply with the requirements of
Federal Rule of Civil Procedure 15(a) and DUCivR 15-1. The Court will then have to consider
whether Plaintiff has met the requirements of those rules.
It is therefore
ORDERED that Plaintiff’s Motion for Continuance (Docket No. 27) is GRANTED. The
deadline for Plaintiff to file a motion to amend his Amended Complaint is continued to May 2,
2014. All other deadlines in the Court’s Scheduling Order (Docket No. 23) remain unchanged.
DATED this 16th day of April, 2014.
BY THE COURT:
United States District Judge
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