Opinion
Civil Action No. 08-cv-00566-WDM-KLM.
June 9, 2008
ORDER
This matter is before the Court on Plaintiff's Unopposed Motion to Amend Complaint [Docket No. 23; Filed June 6, 2008] (the "Motion").
Plaintiff requests leave to Amend its Complaint to join and add claims against Wyco Equities, Inc., a Wyoming corporation and its president, Floyd Legerski. Fed.R.Civ.P. 15(a) provides for liberal amendment of pleadings. Leave to amend is discretionary with the court. Foman v. Davis, 371 U.S. 178, 182 (1962); Viernow v. Euripides Devel. Corp., 157 F.3d 785, 799 (10th Cir. 1998). Amendment under the rule has been freely granted. Castleglenn, Inc. v. Resolution Trust Company, 984 F.2d 1571 (10th Cir. 1993) (internal citations omitted). "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." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993).
Plaintiff has certified that Defendants do not oppose the Motion to Amend the Complaint. The Court finds that there has been no showing of undue delay, prejudice, bad faith or dilatory motive.
Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED. Plaintiff's Amended Complaint [Docket No. 23-2; Filed June 6, 2008] is accepted for filing as of the date of this Order.
IT IS FURTHER ORDERED that those Defendants who have entered an appearance shall answer or otherwise respond to the First Amended Complaint on or before June 19, 2008.
IT IS FURTHER ORDERED that Plaintiff shall serve the First Amended Complaint on any remaining Defendants on or before July 15, 2008.