Welsh v. Metropolitan Life Insurance Company et al
Filing
99
ORDER granting in part and denying in part 88 Motion to Amend and Substitute Party. Party substitution is granted; motion to amend is denied. Signed by Judge Ronald B. Leighton.(DN)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
THE HONORABLE RONALD B. LEIGHTON
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA DAVID L. WELSH, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, et al., Defendants. No. C04-5143 RBL ORDER SUBSTITUTING PARTY AND DENYING MOTION TO AMEND COMPLAINT
THIS MATTER is before the court on Plaintiff's Motion to Amend Complaint. Plaintiff David L. Welsh died testate on March 21, 2010, and that Paula J. Welsh, his widow, has been duly appointed the Personal Representative of the Estate of the Plaintiff of record. Plaintiff seeks to amend the Complaint in this action to reflect that Paula Welsh has been substituted, and also to "clarify" some of the factual allegations in the original complaint, consistent with Twombly and other new authority regarding pleading requirements. It does not appear that he seeks to add other parties or claims. Defendants oppose amendment at this time (other than the party
substitution) and deny that they have attacked the sufficiency of the Plaintiff's Complaint.
ORDER - 1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
It is not clear to the Court why the Plaintiff seeks to amend the factual allegations if no substantive change is intended, or why the Defendants are opposed to it, if no substantive change is present. It is clear that it is too late for a substantive amendment at this time, on this record. IT IS THEREFORE ORDERED that: 1. Paula J. Welsh, Personal Representative of the Estate of David L. Welsh and Successor,
shall be substituted as Plaintiff in this action in the place of David L. Welsh, deceased, and the caption shall reflect that substitution. 2. The Motion to Amend the Complaint in any other fashion is DENIED.
DATED this 28th day of May, 2010
A
RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE
ORDER - 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
