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Sawyers v. Mo-Kan Teamsters Pension Plan, 17-2346-JAR. (2017)

Court: District Court, D. Kansas Number: infdco20180102863 Visitors: 14
Filed: Dec. 29, 2017
Latest Update: Dec. 29, 2017
Summary: ORDER K. GARY SEBELIUS , Magistrate Judge . This matter comes before the court upon plaintiff's Motion for Leave to Amend First Amended Complaint (ECF No. 13). For the following reasons, this motion is granted. Plaintiff filed this motion on December 11, 2017. Defendants have failed to file a timely response. Local Rule 7.4(b) provides that "[a]bsent a showing of excusable neglect, a party or attorney who fails to file a responsive brief or memorandum within the time specified . . . waive
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ORDER

This matter comes before the court upon plaintiff's Motion for Leave to Amend First Amended Complaint (ECF No. 13). For the following reasons, this motion is granted.

Plaintiff filed this motion on December 11, 2017. Defendants have failed to file a timely response. Local Rule 7.4(b) provides that "[a]bsent a showing of excusable neglect, a party or attorney who fails to file a responsive brief or memorandum within the time specified . . . waives the right to later file such brief or memorandum."1 The Local Rule also states that if a party fails to timely file a responsive brief, the court considers and decides the motion as uncontested, and will usually grant the motion without further notice.2 Accordingly, the court grants plaintiff's motion.

IT IS THEREFORE ORDERED that plaintiff's Motion for Leave to Amend First Amended Complaint (ECF No. 13) is hereby granted. Plaintiff shall file his amended complaint by January 8, 2017.

IT IS SO ORDERED.

FootNotes


1. D. Kan. Rule 7.4(b).
2. Id.
Source:  Leagle

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