Osburn v. Precision Cast Corporation

Filing 17

MEMORANDUM OPINION AND ORDER granting Plaintiff's 16 MOTION for Extension of Time to Amend; directing Plaintiff to file his Amended Complaint immediately; denying as moot Defendant's 15 MOTION to Dismiss. Signed by Judge Robert C. Chambers on 12/20/2017. (cc: counsel of record; any unrepresented parties) (hkl)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

TAEGER OSBURN,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-4236

PRECISION CAST CORPORATION
d/b/a HUNTINGTON ALLOYS,
Defendant.

MEMORANDUM OPINION AND ORDER
Now pending before the Court are Plaintiff’s Motion to Extend Time to Amend (ECF No.
16) and Defendant’s Renewed Motion to Dismiss (ECF No. 15). For reasons specified herein,
Plaintiff’s Motion to Extend is GRANTED and Defendant’s Motion to Dismiss is DENIED as
moot.
Pursuant to a Memorandum Opinion and Order entered November 30, 2017, the Court
granted Plaintiff’s Motion to Amend and directed Plaintiff to file an Amended Complaint by
December 7, 2017 (ECF No. 14). Plaintiff failed to meet this deadline. In the present Motion to
Extend, Plaintiff nevertheless asks the Court to extend the deadline so that he may now file his
Amended Complaint (ECF No. 16). Plaintiff has attached his Amended Complaint as an exhibit
to his Motion to Extend (ECF No. 1-1).
Analyzing Plaintiff’s request for amendment, the Court reaches the same conclusions now
as it did in its previous order. The Court finds that there has been no bad faith on Plaintiff’s part

and the Court additionally finds that Defendant would not be prejudiced by allowing amendment.
As such, the Court finds that amendment should be permitted.
Accordingly, the Court GRANTS Plaintiff’s Motion to Extend Time to Amend (ECF No.
16) and DIRECTS Plaintiff to file his Amended Complaint immediately. As Plaintiff’s Amended
Complaint removes the presently-named defendant from this case, the Court DENIES Defendant’s
Motion to Dismiss (ECF No. 15) as moot.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER:

December 20, 2017

ROBERT C. CHAMBERS
UNITED STATES DISTRICT JUDGE

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