Opinion
Case No. 1:02CV00787
April 7, 2003
ORDER
This matter is before the court on Defendants' Motion to Dismiss [27], Plaintiff's Motion to Amend Complaint [35], Plaintiff's Motion to Join Idapat Corporation [50], non-party Idapat Corporation's Motion to Intervene [51], Defendants' Motion to Compel Compliance with this Court's Order of November 13, 2002 [57], Plaintiff's Motion to Disqualify Counsel for Defendants [59], Plaintiff's Motion for In Camera Review of Materials Submitted in Support of Its Motion to Disqualify Counsel for Defendants [61], and Defendants' Request for Hearing on Plaintiff's Motion to Disqualify Counsel for Defendants [70].
After consideration by the court of the written submissions and the authority cited therein,
IT IS ORDERED that Plaintiff's Motion to Amend Complaint [35] is GRANTED. The court has reviewed Plaintiff's proposed amended complaint and directs Plaintiff to redraft its amended complaint, urging compliance with the pleading rules of the Federal Rules of Civil Procedure. Plaintiff shall have twenty (20) days from the entry of this order to file its amended complaint. The amended complaint may name Idapat Corporation as a plaintiff.
The court takes particular note of the concerns raised in Defendants' Initial Opposition to Plaintiff's Motion to Amend Complaint, regarding Federal Rules of Civil Procedure 8(a), 8(e), 11(b)(3), and 12(f).
The court acts in reliance upon Plaintiff's representation that the amended complaint will allege at least one federal question cause of action.
IT IS FURTHER ORDERED that Plaintiff's Motion to Join Idapat Corporation [50] is DENIED as moot.
IT IS FURTHER ORDERED that Idapat Corporation's Motion to Intervene [51] is DENIED with leave to re-file if Idapat Corporation is not named a plaintiff in the amended complaint.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss [27] will be held in abeyance until the amended complaint is filed, or the date to do so has passed. Defendants will then have thirty (30) days to withdraw the motion, submit an amended motion, or ask the court to consider the original motion.
IT IS FURTHER ORDERED that a hearing will be held at 2:00 p.m., Monday, April 28, 2003, Courtroom No. 1, Federal Building, 324 West Market Street, Greensboro, North Carolina, on Defendants' Motion to Compel Compliance with this Court's Order of November 13, 2002 [57], and Plaintiff's Motion to Disqualify Counsel for Defendants [59]. Each side will have one hour for argument. By ordering this hearing, the court has GRANTED Defendants' Request for Hearing on Plaintiff's Motion to Disqualify Counsel for Defendants [70].
IT IS FURTHER ORDERED that Plaintiff's Motion for In Camera Review of Materials submitted in Support of Its Motion to Disqualify Counsel for Defendants [61] is GRANTED.