Advocare International LP v. Scheckenbach et al

Filing 50

ORDER granting 40 Motion for Leave to Amend; plaintiff is requested to efile their Amended Complaint, signed by Judge Ronald B. Leighton.(DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 v. RICHARD PAUL SCHECKENBACH, et al., Defendants. ADVOCARE INTERNATIONAL, L.P., a Texas limited partnership Plaintiff,

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA

Case No. C08-5332 RBL ORDER GRANTING PLAINTIFF'S MOTION TO AMEND

THIS MATTER is before the Court on plaintiff Advocare's Motion for Leave to Amend [Dkt. #40].

18 Defendants recognize that the issue is governed by fed. R. Civ. P. 15, but argues that the proposed amended 19 claims are too late and futile. Plaintiff correctly points out that Defendants seek the equivalent of a summary 20 judgment on the proposed amended claims before they are even in the case. Defendants claim, but have not 21 demonstrated, that they will suffer prejudice if amendment is permitted. 22 The Plaintiff's Motion for Leave to Amend under Rule 15 is GRANTED. Plaintiff shall file an amended

1 23 complaint consistent with the allegations made in its Motion by Monday, January 19, 2009.

24 25 26 27 28

IT IS SO ORDERED this 12th of January, 2009.

A

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

The Plaintiff's Proposed Order references a First Amended Complaint as an attachment to the Motion, but the attachment is not on file.
ORDER Page - 1

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