Emergency Essentials v. Taylor et al

Filing 34

MEMORANDUM DECISION AND ORDER granting 33 Defendant's Motion for Leave to File Second Amended Counterclaim. Defendant Samuel Jarvis Taylor shall file his Second Amended Counterclaim within 14 days of this Order. Signed by Judge Ted Stewart on 6/7/2017. (eat)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
EMERGENCY ESSENTIALS, LLC, a
Delaware limited liability company,
Plaintiff,

MEMORANDUM DECISION AND
ORDER GRANTING DEFENDANT’S
MOTION FOR LEAVE TO FILE SECOND
AMENDED COUNTERCLAIM

v.
SAMUEL JARVIS TAYLOR, a Utah
resident; RICHARD TAYLOR, a
Massachusetts resident; TAYLOR &
TAYLOR, LLC, a Utah limited liability
company; CHAPARRAL GROUP, a Utah
company; DOES I through X, inclusive; and
ROE CORPORATIONS I through X,
inclusive,

Case No. 2:16-CV-1189 TS
District Judge Ted Stewart

Defendant.

This matter is before the Court on Defendant/Counterclaimant Samuel Jarvis Taylor’s
Motion for Leave to File Second Amended Counterclaim. Plaintiff has failed to respond to the
Motion and the time for doing so has now passed. 1
Generally, once a responsive pleading is filed, “a party may amend its pleading only with
the opposing party’s written consent or the court’s leave.” 2 “The court should freely give leave
when justice so requires.” 3 “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
1

Pursuant to Local Rule, “[f]ailure to respond timely to a motion may result in the
court’s granting the motion without further notice.” DUCivR 7-1(d).
2

Fed. R. Civ. P. 15(a)(2).

3

Id.

1

allowance of the amendment, futility of amendment, etc.—the leave sought should, as the rules
require, be ‘freely given.’” 4 Here, there is no evidence of undue delay, bad faith, dilatory
motive, repeated failures to cure, undue prejudice, or futility. Therefore, leave will be given.
It is therefore
ORDERED that Defendant’s Motion for Leave to File Second Amended Counterclaim
(Docket No. 33) is GRANTED. Defendant shall file his Second Amended Counterclaim within
fourteen (14) days of this Order.
DATED this 7th day of June, 2017.
BY THE COURT:

Ted Stewart
United States District Judge

4

Foman v. Davis, 371 U.S. 178, 182 (1962).

2