Nunez et al v. Nunez et al, No. 1:2013cv00126 - Document 22 (D. Utah 2013)

Court Description: MEMORANDUM DECISION AND ORDER granting 21 Motion for Leave of Court to File Amended Complaint.. Signed by Judge Ted Stewart on 12/23/13. (ss)
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IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION JENNIFER ELLEN NUNEZ, and CHRISTY MARIE RICE, fka CHRISTY MARIE NUNEZ, individually, as heirs of the ESTATE OF ANTHONY NUNEZ, and as beneficiaries of THE NUNEZ FAMILY REVOCABLE INTER VIVOS TRUST, Plaintiffs, MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE OF COURT TO FILE AMENDED COMPLAINT vs. MICHAEL KEVIN NUNEZ, JR, individually and as TRUSTEE OF THE NUNEZ FAMILY REVOCABLE INTER VIVOS TRUST; RAYNIE NUNEZ and Does 1-10, Case No. 1:13-CV-126 TS Defendants. This matter is before the Court on Plaintiffs Jennifer Ellen Nunez and Christy Marie Rice s Motion for Leave of Court to File Amended Complaint. Plaintiffs move the Court for leave to amend their Complaint to include additional factual allegations and claims that became available only after Mr. Scott Rasmussen was appointed as successor trustee for the Nunez Family Trust. 1 Federal Rule of Civil Procedure 15 governs the filing of amended and supplemental pleadings. Rule 15(a)(1) provides that a party may amend its pleadings once as a matter of course within . . . 21 day of serving it, or . . . if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading. Here, Defendants have not yet entered an appearance or otherwise filed a responsive pleading. Further, Plaintiffs have only filed a single Complaint. Thus, Plaintiffs are entitled under Rule 15(a)(1) to amend their pleading as a matter of course. For this reason, the Court will grant Plaintiffs Motion. It is therefore ORDERED that Plaintiffs Motion for Leave of Court to File Amended Complaint (Docket No. 21) is GRANTED. DATED December 23, 2013. BY THE COURT: _____________________________________ TED STEWART United States District Judge 2