Opinion
No. 3:98CV0317AS.
August 14, 2002
ORDER
Presently before the court is the Plaintiff United States' motion seeking the following actions by the court: (1) to reopen the above entitled action; (2) to supplement the complaint pursuant to Rule 15(d) of the Federal Rules of Civil Procedure; (3) to set a new dispositive motion schedule; and (4) for the court to take notice of the termination of the automatic Stay. The following motion was filed on July 2, 2002 and service of said motion indicates that all parties have been given adequate notice of the motion and an opportunity to respond. The only defendant to respond to the motion is Peterson Ross.
Peterson Ross argues that the plaintiff should not be given the opportunity to respond because it would be dilatory for the plaintiff to seek to supplement its complaint four years after the filing of this case. However, given that Rule 15(d) limits the extent to which the pleadings may be supplemented to matters that have occurred since the filing and the plaintiff has indicated that it wishes only to supplement its pleading with such information, the court finds this contention to be without merit. Peterson Ross has raised other contentions but the court finds these to be equally without merit. Under the governing considerations of Rule 15(d), Peterson Ross has not come forward with any indication that leave to file such supplemental pleadings will cause it any unfair prejudice. Quararino v. Tffany Co., 71 F.3d 58, 66 (2d Cir. 1995) ("Leave is normally granted, especially when the opposing party is not prejudiced.").
The court now GRANTS the motion to reopen the above entitled action. The court now GRANTS the plaintiff's motion to supplement its complaint with the caveat that the supplemental pleadings are restricted to events occurring since the initiation of the suit in accordance with Rule 15(d) of the Federal Rules of Civil Procedure. Any and all supplemental pleadings shall be filed by' September 15, 2002. The Defendants shall have until October 15, 2002 to file an amended answer related only to any supplemental pleadings filed by the plaintiff on September 15, 2002. An and all dispositive motions shall be filed by February 1. 2003. No further extensions of any of the above deadlines will be granted. Finally, the court accepts the notice of termination of the automatic stay. IT IS SO ORDERED.