Aus et al v. Salt Lake County et al, No. 2:2016cv00266 - Document 48 (D. Utah 2017)

Court Description: MEMORANDUM DECISION granting 45 Second Motion to Amend/Correct 31 Amended Complaint. Signed by Magistrate Judge Brooke C. Wells on 5/17/17. (jlw)
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Aus et al v. Salt Lake County et al Doc. 48 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION JASON AUS, JANIS AUS, and the ESTATE OF JEREMY AUS,, Plaintiffs, MEMORANDUM DECISION AND ORDER GRANTING MOTION TO AMEND Case No. 2:16-cv-266 JP v. District Judge Jill Parrish NEWELL K. WHITNESALT LAKE COUNTY, JAMES WINDER, and John and Jane Does 1-10,Y, et al., Magistrate Judge Brooke Wells Defendants. Before the court is Plaintiffs’ Second Motion to Amend Complaint. 1 Plaintiffs seek leave to file an amended complaint to add a claim of medical malpractice against Wellcon, Inc. Rule 15(a) of the Federal Rules of Civil Procedure provides that a party may amend its pleadings by leave of the Court, “and leave shall be freely given when justice so requires.” 2 Defendants do “not oppose Plaintiffs’ Second Motion to Amend to add a medical malpractice claim against Wellcon, Inc.,….” 3 The parties do disagree, however, on the inclusion of the “DOPL Panel Opinion … as an exhibit to Plaintiffs’ Second Motion to Amend….” 4 This disagreement does not preclude the Court granting the motion to amend and it appears the “parties are currently working together to resolve this issue.” 5 1 Docket no. 45. 2 Foman v. Davis, 371 U.S. 178, 182 (1962). 3 Response p. 2, docket no. 46. 4 Id. 5 Id. Accordingly, for good cause shown and on account of Defendants not opposing the motion, the Court hereby GRANTS the Second Motion to Amend Complaint. IT IS SO ORDERED. DATED this 17 May 2017. Brooke C. Wells United States Magistrate Judge 2