Spoor v. PHH Mortgage Corporation et al

Filing 41

MEMORANDUM OPINION AND ORDER Granting Pla's 31 Motion to File First Amended Complaint. Clerk is DIRECTED to file amended complaint. Pla is DIRECTED to servce the amended complaint. Signed by Senior Judge Frederick P. Stamp, Jr on 6/16/10. (mji)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA KERRI SPOOR, Plaintiff, v. PHH MORTGAGE CORPORATION, Defendant. MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION TO FILE FIRST AMENDED COMPLAINT I. Background Civil Action No. 5:10CV42 (STAMP)

The plaintiff, Kerri Spoor, filed the above-styled civil action in the Circuit Court of Ohio County, West Virginia, against defendant PHH Mortgage Corporation ("PHH Mortgage") and defendant Susan V. Raper, alleging several claims surrounding the refinancing of the plaintiff's home. Court. On May 25, 2010, the plaintiff filed a notice of dismissal of defendant Raper as a party defendant. notice of dismissal on June 2, 2010. This Court granted that The action was later removed to this

Currently before this Court The For

is the plaintiff's motion to file first amended complaint. remaining defendant, PHH Mortgage, has not filed a response.

the reasons set forth below, this Court grants the plaintiff's motion to file first amended complaint. II. Federal Rule of Applicable Law Procedure 15(a)(1)(A) states, in

Civil

pertinent part, that "[a] party may amend its pleading once as a

matter of course . . . before being served with a responsive pleading." If a party seeks to amend its pleadings in all other

cases, it may only do so "with the opposing party's written consent or the court's leave. justice so requires." Rule 15(a) The court should freely give leave when Fed. R. Civ. P. 15(a)(2). the district court broad discretion

grants

concerning motions to amend pleadings, and leave should be granted absent some 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 allowance of the amendment or futility of the amendment." Foman v. Davis, 371 U.S. 178, 182

(1962); see also Ward Elec. Serv. v. First Commercial Bank, 819 F.2d 496, 497 (4th Cir. 1987); Gladhill v. Gen. Motors Corp., 743 F.2d 1049, 1052 (4th Cir. 1984). III. Discussion

In this motion, the plaintiff requests that she be granted leave to amend her complaint so as to remove defendant Raper as a party defendant. As stated above, Rule 15(a) grants the court

broad discretion, and a court should grant leave to amend absent an improper motive such as undue delay, bad faith, or successive motions to amend that do not cure the alleged deficiency. See Ward Elec Serv., 819 F.2d at 497. After a review of the record, this Court concludes that the plaintiff has not exhibited any undue delay, bad faith, or dilatory

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motive.

Moreover,

the

prejudice

to

the

defendant

is

not

significant as to prevent this Court from allowing the amendment, and this Court cannot conclude that the plaintiff's amendment would be futile. Accordingly, this Court grants the plaintiff's motion

to file first amended complaint. IV. Conclusion

For the reasons set forth above, the plaintiff's motion to file first amended complaint is hereby GRANTED. The Clerk is

DIRECTED to file the amended complaint, which was attached as "Exhibit A" to the plaintiff's motion to file first amended complaint, Docket No. 31. The plaintiff is DIRECTED to serve the The party served with the

amended complaint on the defendant.

amended complaint shall make any defenses pursuant to Federal Rule of Civil Procedure 12 and any counterclaims or cross-claims

pursuant to Federal Rule of Civil Procedure 13. IT IS SO ORDERED. The Clerk is directed to transmit a copy of this order to counsel of record herein. DATED: June 16, 2010

/s/ Frederick P. Stamp, Jr. FREDERICK P. STAMP, JR. UNITED STATES DISTRICT JUDGE

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