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Amitie One Condominium Association v. Nationwide Property & Casualty Insurance Co.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 22, 2010

AMITIE ONE CONDOMINIUM ASSOCIATION, PLAINTIFF
v.
NATIONWIDE PROPERTY & CASUALTY INSURANCE COMPANY, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 22nd day of March, 2010, upon consideration of plaintiff's motion (Doc. 33) for leave to file an amended complaint, and upon further consideration of defendant's brief (Doc. 36) in opposition to plaintiff's motion (Doc. 33) to amend, and it appearing that the claims set forth in the proposed amended complaint are based upon the same factual averments as the original complaint,*fn1 see FED. R. CIV. P. 15(c), and that granting leave to amend would be in the interests of justice, see id. 15(a)(2) ("[A] party may amend the party's pleading only by leave of court... and leave shall be freely given when justice so requires."), and that equitable considerations-such as undue delay,*fn2 prejudice to the opposing party,*fn3 and futility of amendment*fn4 -do not call for denial of leave to amend, see Forman v. Davis, 371 U.S. 178, 182 (1962), Arthur v. Maersk, Inc., 434 F.3d 196, 204 (3d Cir. 2006) (citing Forman, 371 U.S. at 182),*fn5 it is hereby ORDERED that:

1. The motion (Doc. 33) for leave to file an amended complaint is GRANTED.

2. The Clerk of Court is directed to file the proposed document (Doc. 33-4) as an amended complaint as of the date of this order.

3. Defendants shall respond to the amended complaint in accordance with the Federal Rules of Civil Procedure.

CHRISTOPHER C. CONNER United States District Judge


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