FEENEY v. JEFFERIES & COMPANY, INC., No. 2:2009cv02708 - Document 17 (D.N.J. 2010)

Court Description: LETTER OPINION and ORDER granting 8 Motion for Leave to File amended complaint by 4/1/2010; deft. must file motion to dismiss w/in 14dys of the filing of the amended complaint; pltf. shall not file a new cross-motion to amend.. Signed by Magistrate Judge Michael A. Shipp on 3/29/2010. (mn, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. ROOM 2042 NEWARK, NJ 07102 973-645-3827 M ICHAEL A. SHIPP UNITED STATES MAGISTRATE JUDGE Not for Publication LETTER OPINION AND ORDER March 29, 2010 VIA CM/ECF All counsel of record Re: Feeney v. Jefferies & Company, Inc. Civil Action No. 09-2708 (DRD) Dear Counsel: This matter comes before the Court by way of Plaintiff John Feeney s ( Plaintiff ) Motion for Leave to File an Amended Complaint ( Motion to Amend ), which has been filed in several different versions dating back to August 28, 2009. (Docket Doc. No. 8.) Plaintiff originally filed Opposition to Defendant s Motion to Dismiss and a Cross-Motion to Amend the Complaint. Plaintiff s current proposed amended complaint incorporates its various permutations, through the December 23, 2009 Motion to Amend/Correct Cross Motion for Leave to File an Amended Complaint. (Doc. No. 14.) The Court finds that Plaintiff failed to comply with Local Civil Rule 7.1(d) by failing to file a memorandum of law in connection with his Cross-Motion or a statement explaining why such memorandum was unnecessary. Plaintiff also failed to file a memorandum of law in connection with his revised versions of the complaint. However, in the interests of justice and judicial economy, the Court has considered the motion. The Court has reviewed the pleadings and hereby grants Plaintiff s motion. Here, the Court does not find undue delay, bad faith or dilatory motive, or that the non-moving party will suffer any undue prejudice. In addition, the Court does not find that the motion should be denied on futility grounds. Therefore, the Court ORDERS: 1. Plaintiff must file his amended complaint by April 1, 2010. 2. Defendant must file its Motion to Dismiss within fourteen (14) days of the filing of the Amended Complaint. 3. Plaintiff shall not file a new Cross-Motion to Amend in response to Defendant s Motion to Dismiss. In addition, Plaintiff must comply with the federal and local rules from here forward. s/ Michael A. Shipp HONORABLE MICHAEL A. SHIPP UNITED STATES MAGISTRATE JUDGE 2

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