Aus et al v. Salt Lake County et al
MEMORANDUM DECISION granting 45 Second Motion to Amend/Correct 31 Amended Complaint. Signed by Magistrate Judge Brooke C. Wells on 5/17/17. (jlw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
JASON AUS, JANIS AUS, and the ESTATE
OF JEREMY AUS,,
MEMORANDUM DECISION AND ORDER
GRANTING MOTION TO AMEND
Case No. 2:16-cv-266 JP
District Judge Jill Parrish
NEWELL K. WHITNESALT LAKE
COUNTY, JAMES WINDER, and John and
Jane Does 1-10,Y, et al.,
Magistrate Judge Brooke Wells
Before the court is Plaintiffs’ Second Motion to Amend Complaint. 1 Plaintiffs seek leave
to file an amended complaint to add a claim of medical malpractice against Wellcon, Inc. Rule
15(a) of the Federal Rules of Civil Procedure provides that a party may amend its pleadings by
leave of the Court, “and leave shall be freely given when justice so requires.” 2
Defendants do “not oppose Plaintiffs’ Second Motion to Amend to add a medical
malpractice claim against Wellcon, Inc.,….” 3 The parties do disagree, however, on the inclusion
of the “DOPL Panel Opinion … as an exhibit to Plaintiffs’ Second Motion to Amend….” 4 This
disagreement does not preclude the Court granting the motion to amend and it appears the
“parties are currently working together to resolve this issue.” 5
Docket no. 45.
Foman v. Davis, 371 U.S. 178, 182 (1962).
Response p. 2, docket no. 46.
Accordingly, for good cause shown and on account of Defendants not opposing the
motion, the Court hereby GRANTS the Second Motion to Amend Complaint.
IT IS SO ORDERED.
DATED this 17 May 2017.
Brooke C. Wells
United States Magistrate Judge
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