Civil Action No. 10-cv-02244-PAB-KLM.
October 25, 2010
This matter is before the Court on Plaintiff's Unopposed Motion for Leave to File First Amended Complaint and Jury Demand [Docket No. 11; Filed October 22, 2010] (the "Motion").
Fed.R.Civ.P. 15(a) provides for liberal amendment of pleadings. Leave to amend is discretionary with the court. Foman v. Davis, 371 U.S. 178, 182 (1962); Viernow v. Euripides Dev. Corp., 157 F.3d 785, 799 (10th Cir. 1998). Amendment under the rule has been freely granted. Castleglenn, Inc. v. Resolution Trust Company, 984 F.2d 1571 (10th Cir. 1993) (internal citations omitted). "If the underlying facts or circumstances relied upon by a [party] may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits." Foman, 371 U.S. at 182. "Refusing leave to amend is generally only justified upon a showing of undue delay, undue prejudice to the opposing party, bad faith or dilatory motive, failure to cure deficiencies by amendments previously allowed, or futility of amendment." Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993).
Plaintiff's Motion was filed before the Scheduling Conference or entry of a Scheduling Order. There is no basis for denying leave to amend. Defendant does not object to the relief requested by Plaintiff. Accordingly,
IT IS ORDERED that the Motion is GRANTED.
IT IS FURTHER ORDERED that the Court accepts Plaintiff's First Amended Complaint and Jury Demand [Docket No. 11-2] for filing as of the date of this Order.
Dated: October 25, 2010