Opinion
Civil Action No. 07-cv-02214-LTB-BNB.
September 14, 2009
ORDER
This matter is before me on the plaintiff's Opposed Motion to File Second Amended Complaint [Doc. #41, filed 08/22/2009] (the "Motion"). The Motion is GRANTED.
The plaintiff seeks leave to amend his First Amended Complaint to clarify his factual allegations. The Federal Rules of Civil Procedure provide that a party may amend a pleading by leave of court, and that leave shall be given freely when justice so requires. Fed.R.Civ.P. 15(a). A motion to amend may be denied on the grounds of undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, or futility of amendment. Foman v. Davis, 371 U.S. 178, 182 (1962).
It does not appear that the proposed amendment is the result of any undue delay, bad faith or dilatory motive on the part of the plaintiff, or repeated failure to cure deficiencies by amendments previously allowed. Nor does it appear that the amendment is futile or that it will result in any undue prejudice to the opposing parties. Foman v. Davis, 371 U.S. 178, 182 (1962). Accordingly,
IT IS ORDERED that the Opposed Motion to File Second Amended Complaint is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court is directed to accept the proposed second amended complaint for filing.
IT IS FURTHER ORDERED that the Defendants' Motion to Dismiss First Amended Complaint [Doc. #31] is DENIED WITHOUT PREJUDICE. The defendants may reassert their arguments, if necessary, in response to the Second Amended Complaint.