Opinion
Case No. 05-4146-JAR.
April 19, 2006
ORDER GRANTING PLAINTIFF'S MOTION TO AMEND COMPLAINT
This matter comes before the court upon plaintiff's Motion to File an Amended Complaint (Doc. 41). The court has contacted counsel for defendants who have indicated that defendants have no objection to plaintiff's motion.
Fed.R.Civ.P. 15(a) governs amendment of pleadings. Ordinarily, leave to amend will be freely granted absent a showing of undue delay, undue prejudice to the non-moving party as a result of the amendment, bad faith, or the futility of the amendment. After careful consideration of these factors, the court fails to find any undue delay, prejudice, bad faith, or futility in granting plaintiff's motion.
Foman v. Davis, 371 U.S. 178, 182 (1962). See also, Stewart v. Bd. of Comm'rs for Shawnee County, Kan., 216 F.R.D. 662, 664 (D. Kan. 2003).
Therefore, the court finds that plaintiff's Motion to File an Amended Complaint (Doc. 41) should be granted. Because plaintiff did not attach her amended complaint as a separate exhibit to her motion, the court shall direct plaintiff to file her amended complaint within seven (7) days from entry of this order. IT IS THEREFORE ORDERED that plaintiff's unopposed Motion to File an Amended Complaint (Doc. 41) is hereby granted.
IT IS FURTHER ORDERED that plaintiff shall file her amended complaint within seven (7) days from entry of this order, on or before April 26, 2006.
IT IS SO ORDERED.