Opinion
CIVIL ACTION NO. H-08-2719.
August 12, 2010
ORDER
On August 11, 2010, this Court conducted a Hearing on the Motion for Leave to File Second Amended Complaint of Plaintiff, Bounce Zone, Inc. The Court, having considered the Motion and heard arguments of counsel is of the opinion that the following Orders are appropriate.
It is ORDERED that despite the fact that the Motion (Instrument no. 76) is untimely, it should be, and it is hereby, GRANTED in the interests of justice. Cf. Sherman v. Hallbauer, 455 F.2d 1236, 1242 (5th Cir. 1972) (Revised theory of recovery set forth in response to motion for summary judgment must be treated as a motion to amend pleadings filed out of time.)
It is further ORDERED that Defendant, Inflatable Zone Incorporated, SHALL tender, on or before Friday, August 13, 2010 , to Bounce Zone a copy of the settlement agreement reached with Co-Plaintiff PIU Management, LLC.
It is further ORDERED that the discovery period is REOPENED and EXTENDED to October 1, 2010 .
DONE at Houston, Texas, this 11th day of August, 2011.