Opinion
CIVIL ACTION NO. 5:10-CV-191 (MTT).
September 2, 2010
ORDER
This matter is before the Court on Plaintiff North American Special Insurance Company's Motion to Add Defendant (the "Motion") (Doc. 14). The Plaintiff seeks to add NES Rental Holdings, Inc. ("NES Rentals") as a defendant because NES Rentals asserted cross claims against Stephen Michael Simon in the underlying suit, Lamensdorf v. White, 5:09-cv-424 (MTT), after the Plaintiff instituted this declaratory judgment action. The Plaintiff has offered to defend Simon on the cross claims under reservation of rights. The Defendants did not file an objection to the Motion. Pursuant to Fed.R.Civ.P 15(a)(2), leave should be freely given to parties seeking to amend its pleading. Because there was no objection to the Motion and due to the policy in favor of granting leave to amend pleadings, leave is appropriate. The Motion is GRANTED. SO ORDERED, this the 2nd day of September, 2010.