Krstic v. Sofregen Medical Inc., 18-11585-NMG. (2019)
Court: District Court, D. Massachusetts
Number: infdco20190717711
Visitors: 9
Filed: Jul. 11, 2019
Latest Update: Jul. 11, 2019
Summary: REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO VACATE AND MOTION FOR LEAVE TO AMEND JUDITH G. DEIN , District Judge . This matter is before the court on the "Plaintiff's Motion to Alter, Amend and Vacate the Dismissal Pursuant to Federal Rule of Civil Procedure 60(b)(1), (6) and Motion for Leave to Amend the Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(2)" (Docket No. 15). After consideration of the parties' written submissions and their oral arguments, it is hereby ORDE
Summary: REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO VACATE AND MOTION FOR LEAVE TO AMEND JUDITH G. DEIN , District Judge . This matter is before the court on the "Plaintiff's Motion to Alter, Amend and Vacate the Dismissal Pursuant to Federal Rule of Civil Procedure 60(b)(1), (6) and Motion for Leave to Amend the Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(2)" (Docket No. 15). After consideration of the parties' written submissions and their oral arguments, it is hereby ORDER..
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REPORT AND RECOMMENDATION ON PLAINTIFF'S MOTION TO VACATE AND MOTION FOR LEAVE TO AMEND
JUDITH G. DEIN, District Judge.
This matter is before the court on the "Plaintiff's Motion to Alter, Amend and Vacate the Dismissal Pursuant to Federal Rule of Civil Procedure 60(b)(1), (6) and Motion for Leave to Amend the Complaint Pursuant to Federal Rule of Civil Procedure 15(a)(2)" (Docket No. 15). After consideration of the parties' written submissions and their oral arguments, it is hereby ORDERED as follows:
1. The parties agree that the plaintiff's First Amended Complaint (Docket No. 6-1) is the operative complaint.
2. Under Fed. R. Civ. P. 60(b)(1), the court may grant relief from a final judgment or order due to mistake. In the instant case, after granting Sofregen's motion to dismiss, the court entered an order of dismissal of the action. Because Allergan never filed a motion to dismiss and did not otherwise respond to the plaintiff's complaint, it should not have been dismissed Report and Recommendation accepted and adopted.
Source: Leagle
