MGM RESORTS INTERNATIONAL'S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED ANSWER. AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS TO PLAINTIFF'S COMPLAINT

NANCY J. KOPPE, Magistrate Judge.

Defendant MGM Resorts International seeks leave pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure to file an amended answer, attached as Exhibit A. Specifically, MGM's proposed amended answer adds an additional affirmative defense based on the theory of intervening rights. Linksmart has informed MGM that it does not oppose this motion.

Federal Rule of Civil Procedure 15(a)(2) provides that once the time has passed to amend a pleading as a matter of course, a party may amend its pleading "only with the opposing party's written consent or with the court's leave," and "[t]he court should freely give leave when justice so requires." FED. R. CIV. P. 15(a)(2). In this case, the Court has not yet set a deadline for amending pleadings in the Scheduling Order. (See ECF No. 71.) Accordingly, the liberal policy of Rule 15(a)(2) applies to the instant unopposed motion.

Leave to amend a party's pleading should be granted unless the opposing party can show prejudice, bad faith, undue delay or futility. Foman v. Davis, 371 U.S. 178, 182 (1962); see also Abramson v. Gonzalez, 949 F.2d 1567, 1581 (11th Cir. 1992). Because none of these conditions are present in this case, MGM respectfully requests that this Court grant it leave to amend its answer.

ORDER

Defendant MGM's unopposed motion for leave to file is GRANTED. Docket No. 117.

Defendant shall promptly file and serve its amended pleading.

IT IS SO ORDERED.