Gaddy v. Terex Corporation et al, No. 1:2014cv01928 - Document 171 (N.D. Ga. 2015)

Court Description: OPINION AND ORDER that Plaintiff's 138 Motion to Add Defendants and for Leave to File a Fifth Amended Complaint to Reflect the Same is GRANTED. Signed by Judge William S. Duffey, Jr on 9/24/2015. (anc)

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Gaddy v. Terex Corporation et al Doc. 171 Dockets.Justia.com Plaintiff’s counsel believes that LTV Copperweld has now become, through merger, John Maneely Company d/b/a JMC Steel Group, and Atlas ABC Corporation, a division of JMC Steel Group. Plaintiff’s counsel also believes Utility One Source Forestry Equipment, LLC acquired Defendant MRT in 2015. Rule 15 of the Federal Rules of Civil Procedure permits pleading amendments after service of an Answer “by leave of the court or by written consent of the adverse party.” Fed. R. Civ. P. 15(a). Because of the liberal pleading rules, “leave shall be freely given when justice so requires.” Id. Because it appears John Maneely Company d/b/a JMC Steel Group, Atlas ABC Corporation, and Utility One Source Forestry Equipment, LLC, are proper parties to this matter, and because Defendants do not oppose this motion,1 the Court grants Plaintiff’s motion. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion to Add Defendants and for Leave to File a Fifth Amended Complaint to Reflect the Same [138] is GRANTED. 1 Failure to file a response shall indicate that there is no opposition to the motion. L.R. 7.1(B), NDGa. 2 SO ORDERED this 24th day of September 2015. _______________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 3

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