Wendland v. Ponderosa Resort et al, No. 2:2018cv00112 - Document 25 (D. Utah 2018)

Court Description: MEMORANDUM DECISION AND ORDER granting 20 Motion to Amend/Correct Complaint. Signed by Magistrate Judge Brooke C. Wells on 12/21/18 (alt)
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Wendland v. Ponderosa Resort et al Doc. 25 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION NEIL WENDLAND, an individual, Plaintiff, MEMORANDUM DECISION AND ORDER GRANTING MOTION TO AMEND v. Case No. 2:18-cv-00112-DN-BCW PONDEROSA RESORT, LC, et al., Judge David Nuffer Defendants. Magistrate Judge Brooke Wells Plaintiff, Neil Wendland, moves the court for leave to amend his complaint under Federal Rule of Civil Procedure 15. 1 This matter is referred to the undersigned in accordance with 28 U.S.C. § 636(b)(1)(A). 2 The court will grant the motion. Relevant to the instant motion are Federal Rule of Civil Procedure 15 and Local Rule 7-1. Rule 15(a)(2) provides that “[t]he court should freely give leave [to amend] when justice so requires.” 3 “The district court has ‘wide discretion to recognize a motion for leave to amend in the interest of a just, fair or early resolution of litigation.’” 4 “Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment.” 5 1 ECF No. 20. 2 ECF No. 8. 3 Fed. R. Civ. P. 15(a)(2). 4 Bylin v. Billings, 568 F.3d 1224, 1229 (10th Cir. 2009) (quoting Calderon v. Kan. Dep't of Soc. & Rehab. Servs., 181 F.3d 1180, 1187 (10th Cir. 1999)). 5 Id. (quoting Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993)). Dockets.Justia.com Local Rule 7-1 sets forth the deadlines for responding to a motion. A memorandum opposing a motion for leave to amend “must be filed within fourteen (14) days after service of the motion or within such time as allowed by the court.” 6 “Failure to respond timely to a motion, …, may result in the court’s granting the motion without further notice.” 7 Here, Plaintiff filed the motion on November 30, 2018. To date there has been no response filed by Defendants and the time frame set forth in the Local Rules for doing so has passed. Moreover, there is nothing before the court indicating that leave to amend should not be granted. Therefore, Plaintiff’s Motion for Leave to Amend 8 is hereby GRANTED. IT IS SO ORDERED. DATED this 21 December 2018. Brooke C. Wells United States Magistrate Judge 6 DUCivR 7-1(b)(3)(B) (2018). 7 Id. 7-1(d). 8 ECF No. 20. 2