Miles v. St. Alphonsus Regional Medical Center et al, No. 1:2009cv00050 - Document 28 (D. Idaho 2010)
Court Description: MEMORANDUM DECISION AND ORDER granting 18 Motion for Leave to File Amended Complaint. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm).
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ) GLENN F. MILES, ) ) Plaintiff, ) ) v. ) ) SAINT ALPHONSUS REGIONAL ) MEDICAL CENTER, INC., an Idaho ) corporation, and DAVID A. KENT, ) M.D., an individual, ) ) Defendant. ) ______________________________) Case No. CV-09-50-S-BLW MEMORANDUM DECISION AND ORDER Before the Court is Plaintiff s Motion (Docket No. 18) for Leave to Amend its Complaint. The issue is fully briefed and before the Court. For the following reasons the Court will grant the Motion. Plaintiff moves to Amend its Complaint (Docket No. 1) under Federal Rule of Civil Procedure 15(a)(2). Based on the pleadings, it appears that the parties agree that Plaintiff is pursuing claims strictly under 42 U.S.C. ยง 1983. Accordingly, the Court grants Plaintiff leave to amend the Complaint. The issue concerning exhaustion of administrative remedies need not be resolved now; the Court will address the issue in dispositive motions, if raised, and after the parties Memorandum Decision & Order -- page 1 have had an opportunity to brief the issue fully. ORDER NOW THEREFORE IT IS HEREBY ORDERED that Plaintiff s Motion (Docket No. 18) for Leave to Amend its Complaint shall be, and the same is hereby, GRANTED. DATED: January 4, 2010 B. LYNN WINMILL Chief Judge United States District Court Memorandum Decision & Order -- page 2
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