Noble Systems Corporation v. Tech Squad, LLC et al
Filing
22
ORDER granting 8 Plaintiff's Unopposed Motion for Leave to Amend Complaint. Plaintiff's Second Amended Complaint and Jury Demand [Docket No. 8-2] is accepted for filing as of the date of this Order, by Magistrate Judge Kristen L. Mix on 11/13/09.(ebs, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02616-PAB-KLM NOBLE SYSTEMS CORPORATION, a Georgia corporation Plaintiff, v. TECH SQUAD, LLC, a Colorado limited liability company, SIMPLE FOCUS, LLC, d/b/a TECH SQUAD, LLC, a Colorado limited liability company, DANNY SCHAEFER, an individual, NOAH SEIS, an individual, and JOHN DOES 1 - 4, Defendants. _____________________________________________________________________ ORDER _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This matter is before the Court on Plaintiff's Unopposed Motion for Leave to Amend Complaint [Docket No. 8; Filed November 11, 2009] (the "Motion"). Plaintiff requests leave to file a Second Amended Complaint. Fed.R.Civ.P. 15(a) provides for liberal amendment of pleadings. Leave to amend is discretionary with the court. Foman v. Davis, 371 U.S. 178, 182 (1962); Viernow v. Euripides Dev. Corp., 157 F.3d 785, 799 (10th Cir. 1998). Amendment under the rule has been freely granted. Castleglenn, Inc. v. Resolution Trust Company, 984 F.2d 1571 (10th Cir. 1993) (internal citations omitted). "Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993). In the Motion, Plaintiff indicates that
the filing of second amended complaint is necessary to cure deficiencies in the jurisdictional allegations in the first amended complaint. Defendant does not oppose the filing of a second amended complaint. Motion [#8] at 1. Accordingly, the Court finds that justice requires that Plaintiff be allowed to file a second amended complaint. IT IS HEREBY ORDERED that the Motion is GRANTED. Plaintiff's Second
Amended Complaint and Jury Demand [Docket No. 8-2] is accepted for filing as of the date of this Order.
Dated: November 13, 2009 BY THE COURT: s/ Kristen L. Mix U.S. Magistrate Judge Kristen L. Mix
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