Opinion
No. 4:12-CV-154-D
04-24-2013
NORTH CAROLINA ENVIRONMENTAL JUSTICE NETWORK, NEUSE RIVERKEEPER FOUNDATION, INC., and WATERKEEPER ALLIANCE, INC., Plaintiffs, v. DONALD TAYLOR and ANNIE TAYLOR, individually and d/b/a TAYLOR FINISHING, JUSTIN T. MCLAWHORN, and AARON MCLAWHORN, Defendants.
ORDER
On November 28, 2012, plaintiffs filed a motion for leave to file a second amended complaint [D.E. 51] and a memorandum in support [D.E. 52]. On December 21, 2012, defendants Donald Taylor and Annie Taylor responded in opposition to plaintiffs' motion [D.E. 56-57]. On January 7, 2013, plaintiffs replied [D.E. 58].
Defendants Justin T. McLawhorn and Aaron McLawhorn consent to the motion. See [D.E. 52] 2; [D.E. 58-1, 58-2].
In the proposed second amended complaint, plaintiffs seek only to add the newly revived McLawhorn Livestock Farm, Inc. as a defendant. [D.E. 52] 4. No discovery has occurred in this matter. After considering plaintiffs' motion for leave to file a second amended complaint in accordance with the governing standard, plaintiffs' motion [D.E. 51] is GRANTED. See Fed. R. Civ. P. 15(a)(2); see also Laber v. Harvey, 438 F.3d 404,426-27 (4th Cir. 2006) (en banc); Davis v. Piper Aircraft Corp., 615 F.2d 606,613 (4th Cir. 1980). Plaintiffs shall file the second amended complaint attached to their motion not later than April 30, 2013. Defendants shall respond to the second amended complaint in accordance with Federal Rule of Civil Procedure 15(a)(3). Defendants' motions to dismiss [D.E. 30,36,48] are DENIED AS MOOT.
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JAMES C. DEVER III
Chief United States District Judge