Opinion
Civil Action No. 3:03-CV-1769-B.
January 23, 2005
MEMORANDUM ORDER
Before the Court is the Plaintiffs' Motion for Leave to Amend Third Amended Complaint ("Motion to Amend") pursuant to Federal Rule of Civil Procedure 15(a), filed November 9, 2004. Also before the Court are five Motions to Dismiss the Plaintiffs' Third Amended Complaint for failure to state a claim pursuant to Rule 12(b)(6), brought by the following defendants: (1) Bank of America Securities LLC and Credit Suisse First Boston LLC (filed August 9, 2004), (2) Renee J. Hornbaker (filed August 9, 2004), (3) Price Waterhouse Coopers LLP, Flowserve Corporation, C. Scott Greer, Renee J. Hornbaker (filed August 10, 2004), (4) Flowserve Corporation (filed August 9, 2004), and (5) C. Scott Greer (filed August 9, 2004).
Plaintiffs have moved to Amend their Complaint under Rule 15(a) to include information recently obtained from five new confidential witnesses, as well as supplemental information from previously identified confidential witnesses. After considering the relevant factors, including undue delay, bad faith or dilatory motive, and undue prejudice to the opposing party, the Court GRANTS the Plaintiffs' Motion to Amend its pleadings. Because the Court grants the plaintiffs' motion to amend, the Defendants' motions to dismiss the Plaintiffs' Third Amended Complaint are denied without prejudice as moot.
The Defendants have 45 days from the date of this order to file motions to dismiss the Plaintiffs' Fourth Amended Complaint.