Stearns v. M & M Cartage Co., Inc., No. 3:2016cv00661 - Document 13 (W.D. Ky. 2017)
Court Description: MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 1/23/2017 granting 11 Motion to Amend/Correct Answer. The proposed amended answer tendered with that motion (DN 11 -1) is DEEMED FILED in the record of this action. cc: Counsel(JWM)
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Stearns v. M & M Cartage Co., Inc. Doc. 13 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION ROBERT STEARNS, Plaintiff v. Case No. 3:16-cv-661-GNS-CHL M & M CARTAGE CO., INC., Defendant Memorandum Opinion and Order On December 27, 2016, the Defendant moved to amend its answer before the deadline for amending pleadings passed. DN 11. The Defendant seeks leave to add an additional affirmative defense. Id. ¶ 4. In support of the motion, the Defendant argues that “This case is still in its early stages, and justice requires that Defendant be allowed to amend its answer so that its defenses may be fully and fairly presented.” Id. Whether to grant leave to amend is within the Court’s discretion. Tucker v. MiddleburgLegacy Place, 539 F.3d 545, 551 (6th Cir. 2008). “The court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). Still, “there is no absolute or automatic right to amend” one’s pleading. Meehan v. United Consumers Club Franchising Corp., 312 F.3d 909, 913 (6th Cir. 2002). No response has been filed, and the deadline for responding has passed. “Failure to timely respond to a motion may be grounds for granting the motion.” LR 7.1(c). Accordingly, the Court GRANTS the Defendant’s motion for leave to amend its answer. The proposed amended answer tendered with that motion (DN 11-1) is DEEMED FILED in the record of this action. cc: Counsel of record January 23, 2017 Colin Lindsay, MagistrateJudge United States District Court 1 Dockets.Justia.com
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