Opinion
Case No. 2:03CV234DB
May 7, 2003
ORDER
Before the Court is plaintiffs' motion to file an amended and supplemental complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure. Plaintiffs argue that the amended complaint is necessary to "correct certain deficiencies in the original pleading as well as to supplement for facts arising after the filing of the lawsuit." Defendants have not responded to this motion.
A motion for leave to amend should be "freely granted when justice so requires." FED. R. CIV. PRO. 15. Such a motion should be denied, however, if the court finds that the amendment (1) causes undue delay, (2) is unduly prejudicial to the opposing party (3) is done in bad faith or with dilatory motive or (4) would be futile. Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993).
Plaintiffs' motion does not fall into any of these prohibitive categories. Furthermore, defendants have not pointed the Court to any reason why the motion should be denied. Therefore, based on the liberal standard of Rule 15 of the Federal Rules of Civil Procedure, plaintiffs' motion to file their first amended and supplemental complaint is GRANTED. IT IS SO ORDERED.