Opinion
Civil Action No. 09-cv-01226-WYD-KLM.
September 30, 2009
ORDER
This matter is before the Court on Plaintiff's Motion for Leave to File Amended Complaint and Jury Demand [Docket No. 22; Filed September 8, 2009] (the "Motion"). Plaintiff seeks to add three Defendants to the case.
Fed.R.Civ.P. 15(a) provides for liberal amendment of pleadings. Leave to amend is discretionary with the court. Foman v. Davis, 371 U.S. 178, 182 (1962); Viernow v. Euripides Dev. Corp., 157 F.3d 785, 799 (10th Cir. 1998). Amendment under the rule has been freely granted. Castleglenn, Inc. v. Resolution Trust Company, 984 F.2d 1571 (10th Cir. 1993) (internal citations omitted). "If the underlying facts or circumstances relied upon by a [party] may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits." Foman, 371 U.S. at 182. "Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993).
The Court finds that there is no basis for denying leave to amend. Accordingly,
IT IS HEREBY ORDERED that the Motion is GRANTED. The Amended Complaint and Jury Demand [Docket No. 22-2] is accepted for filing as of the date of this Order.