Case No. 2:11-cv-00598-JCM-GWF
Motion to Amend Answer (#38)
This matter comes before the Court on Defendant Fiesta Palms' Motion to Amend Answer (#38), filed on May 7, 2012; Fiesta Palms' Errata to Exhibit "A" (#39), filed on May 14, 2012; Plaintiff's Opposition to Renewed Motion to Amend Answer (#40), filed on May 24, 2012; and Defendant's Reply (#43), filed on June 4, 2012. On April 27, 2012, the Court granted in part and denied in part Fiesta Palms' Motion to Amend Answer (#30). The Court granted Fiesta Palms leave to amend its answer to add a counterclaim for bad faith, but denied Palms' proposed answer on the basis that it contained improper factual allegations under Fed. R. Evid. 408. (See #37.) The Court instructed Palms to amend its answer in accordance with its order and file a renewed motion to amend.
On May 7, 2012, Defendant filed their renewed Motion to Amend (#38). Upon review of the proposed Amended Answer (#39-1), the Court finds Palms has complied with the Court's prior Order (#37) and removed the improper factual allegations. Defendant's proposed answer (#39-1) however is not signed or dated. Defendants must submit a signed and dated copy of their amended complaint for filing. Accordingly,
IT IS HEREBY ORDERED that Defendant Fiesta Palms' Motion to Amend Answer (#38) is granted. Defendants shall have until June 18, 2012 to submit a signed and dated copy of their amended answer for filing.
GEORGE FOLEY, JR.
United States Magistrate Judge