Opinion
Civil Action No. 07-cv-00354-WYD-KLM.
February 22, 2008
ORDER
This matter is before the Court on Plaintiff's Motion to File the Attached Corrected Second Amended Complaint and Certificate of Compliance with Local Rule D.C.Colo.LCivR 7.1(A) [Docket No. 33; filed January 30, 2008] (the "Motion"). The Court has reviewed the Motion, Defendants' Responses [Docket No. 39; filed February 15, 2008] and [Docket No 39; filed February 15, 2008]; the entire case file, and the applicable law and is sufficiently advised in the premises. Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED.
Plaintiff requests leave to file a corrected Second Amended Complaint [Docket No. 33-2]. 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). As Defendants have indicated that they do not oppose Plaintiff's filing of a corrected Second Amended Complaint, and as there is no indication of undue delay, prejudice, bad faith or dilatory motive, the Court is inclined to accept Plaintiff's corrected Second Amended Complaint [Docket No. 33-2] for filing.
IT IS HEREBY ORDERED that the Motion is GRANTED. Plaintiff's corrected Second Amended Complaint [Docket No. 33-2] is ACCEPTED for filing as of the date of this Order.