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Mack v. State Farm Mutual Automobile Insurance Co., 18-12908. (2019)

Court: District Court, E.D. Michigan Number: infdco20190212993 Visitors: 2
Filed: Feb. 11, 2019
Latest Update: Feb. 11, 2019
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's motion for leave to file a first amended complaint [Dkt. #28]. Plaintiff states that after the complaint was filed, and during the course of discovery, he learned that Cigna, and insurance company, had made numerous payments on his behalf, and he now seeks to add Cigna as a Defendant. Where, as here, a plaintiff requires leave of the Court to amend his or her complaint, Fed.R.Civ.P. 15(a) provides that "leave shall
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ORDER

Before the Court is Plaintiff's motion for leave to file a first amended complaint [Dkt. #28]. Plaintiff states that after the complaint was filed, and during the course of discovery, he learned that Cigna, and insurance company, had made numerous payments on his behalf, and he now seeks to add Cigna as a Defendant.

Where, as here, a plaintiff requires leave of the Court to amend his or her complaint, Fed.R.Civ.P. 15(a) provides that "leave shall be freely given when justice so requires." Motions to amend are addressed to the Court's discretion, and in deciding whether to allow an amendment, "the court should consider the delay in filing, the lack of notice to the opposing party, bad faith by the moving party, repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing party, and futility of amendment." Perkins v. American Electric Power Fuel Supply, Inc., 246 F.3d 593, 605 (6th Cir. 2001).

Here, I find no bad faith, no undue delay, and no prejudice to the individual Defendants, who have not filed responses in opposition to this motion. On the other hand, Plaintiff would be prejudiced if precluded from joining Defendant Cigna.

Accordingly, Plaintiff's motion for leave to file first amended complaint [Dkt. #28] is GRANTED.

The proposed first amended complaint is appended to Plaintiff's motion. Plaintiff must file the first amended complaint as a separate document within 14 days of the date of this Order.

IT IS SO ORDERED.

Source:  Leagle

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