Tool Box, Inc. v. Ogden City Corporation

Full title: THE TOOL BOX, INC., Plaintiff, v. OGDEN CITY CORPORATION, Defendant

Court: United States District Court, D. Utah

Date published: Jun 28, 2004

Case No. 1:00CV00062DB (D. Utah Jun. 28, 2004)

Opinion

Case No. 1:00CV00062DB.

June 28, 2004

Donald L. Dalton, DALTON KELLEY, Attorneys for Defendant, Salt Lake City, Utah.

ORDER DENYING MOTIONS TO SET ASIDE JUDGMENT, LEAVE TO FILE AMENDED COMPLAINT

DEE BENSON, Chief Judge, District

Plaintiffs' Motions to Set Aside Judgment and for Leave to File Amended Complaint came on for hearing June 16, 2004, W. Andrew McCullough appearing for plaintiff, Donald L. Dalton appearing for defendant. The Court heard the arguments of counsel, having previously reviewed their memoranda.

For the reasons stated more fully at the hearing, and in defendant's memoranda, the Court made the following ruling from the bench:

1. A motion for leave to amend cannot be considered until the Order dated June 26, 2001 has been set aside or vacated, and plaintiff's Motion to Set Aside was not filed within the time required by URCP 60(b).

2. Even if the Court had discretion to consider plaintiff's Motion for Leave, plaintiff alleged the same facts in both its original Complaint and in the Amended Complaint, and the allegations raised in the Amended Complaint either were raised or could have been raised in the original Complaint.

3. Under the circumstances of this case, justice does not require leave to file an Amended Complaint. FRCP 15(a).

For the foregoing reasons, IT IS HEREBY:

ORDERED that plaintiff's Motion to Set Aside Judgment is DENIED;

AND FURTHER ORDERED that plaintiff's Motion for Leave to File Amended Complaint is DENIED.