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Boswell v. South Lyon Fence & Supply, Inc., 17-14028. (2018)

Court: District Court, E.D. Michigan Number: infdco20180330c42 Visitors: 2
Filed: Mar. 29, 2018
Latest Update: Mar. 29, 2018
Summary: ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT AND DENYING MOTION TO DISMISS WITHOUT PREJUDICE JOHN CORBETT O'MEARA , District Judge . Before the court is Defendant's motion to dismiss, filed January 24, 2018, and Plaintiff's motion for leave to file an amended complaint, filed March 12, 2018. Defendant does not oppose Plaintiff's motion to file an amended complaint. In light of this, and because the "court should freely give leave when justice so requires," the court will grant Plai
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ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT AND DENYING MOTION TO DISMISS WITHOUT PREJUDICE

Before the court is Defendant's motion to dismiss, filed January 24, 2018, and Plaintiff's motion for leave to file an amended complaint, filed March 12, 2018. Defendant does not oppose Plaintiff's motion to file an amended complaint. In light of this, and because the "court should freely give leave when justice so requires," the court will grant Plaintiff's motion to file an amended complaint. See Fed. R. Civ. P. 15(a)(2). The court will also deny Defendant's motion to dismiss without prejudice. Defendant may respond to the amended complaint pursuant to the Federal Rules of Civil Procedure.

IT IS HEREBY ORDERED that Plaintiff's motion for leave to file an amended complaint is GRANTED. Plaintiff shall file his amended complaint by April 16, 2018.

IT IS FURTHER ORDERED that Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE.

Source:  Leagle

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