Chesapeake Appalachia, L.L.C. v. Mountain V Oil & Gas, Inc. et al, No. 2:2011cv00207 - Document 94 (S.D.W. Va. 2012)

Court Description: MEMORANDUM OPINION AND ORDER granting the parties' 90 STIPULATED MOTION to amend the Amended Complaint and caption in this case; directing the Clerk to amend the case caption changing Defendant H D Wells's name to H D Wells Oil & Gas Exploration & Development, Inc. Signed by Judge Thomas E. Johnston on 4/25/2012. (cc: attys; any unrepresented party) (taq)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION CHESAPEAKE APPALACHIA LLC, Plaintiff, v. CIVIL ACTION NO. 2:11-cv-00207 MOUNTAIN V OIL & GAS INC., et al. Defendants. MEMORANDUM OPINION AND ORDER Pending is the parties stipulated motion to amend the Amended Complaint and caption in this case [Docket 90.] For the reasons that follow, the Court GRANTS the motion. On January 25, 2012, Plaintiff amended its Complaint. (Docket 71.) Among other matters, Plaintiff added a corporate defendant and alleged its name as Wells H D Oil & Gas Exploration & Development, Inc. ( H D Wells ) (Id.) In answering the Amended Complaint, Defendant H D Wells stated that its correct name is H D Wells Oil & Gas Exploration & Development, Inc. (Docket 85 at 1.) Pursuant to Federal Rule of Civil Procedure 15(a)(2), after a party has amended its pleading once, further amendment is permitted only with the opposing party s written consent or the Court s leave. Here, Plaintiff has amended its Complaint once. However, as evidenced by the stipulated motion to amend the Complaint, all four defendants have tendered their written consent to the proposed amendment of the Amended Complaint in this case, thereby satisfying the requirements of Rule 15(a)(2). Accordingly, the Court GRANTS the parties stipulated motion to amend the Amended Complaint and caption in this case. The Court further DIRECTS the Clerk to amend the case caption changing Defendant H D Wells s name to H D Wells Oil & Gas Exploration & Development, Inc. IT IS SO ORDERED. The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: 2 April 25, 2012

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