Amiga Inc v. Hyperion VOF Doc.

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Case 2:07-cv-00631-RSM Document 103 Filed 04/21/2008 Page 1 of 2

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UNITED STATES DISTRICT COURT
8 WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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11 AMIGA, INC., a Delaware corporation,

12 Plaintiff, CASE NO. C07-631RSM

13 v. ORDER ON MOTION FOR LEAVE TO

AMEND
14 HYPERION VOF, a Belgium corporation,

15 Defendant.

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17 This matter is before the Court for a ruling on plaintiff’s motion for leave to file an amended

18 complaint. Dkt. # 81. Defendant has opposed the motion, arguing that certain allegations in the

19 amended complaint contradict previous sworn statements and other evidence of record in this case.

20 However, under the liberal amendment standard of F.R.Civ.Proc. 15(a), the Court finds that amendment

21 should be allowed so that the pleadings may conform to the facts as they have been developed through

22 discovery. Defendant may argue regarding the asserted inconsistencies between the amended complaint

23 and previous assertions in the record by way of appropriate motion.

24 Plaintiff’s motion for leave to file an amended complaint is therefore GRANTED. Plaintiff shall

25 file the amended complaint within twenty days of the date of this Order. As this ruling moots

26 plaintiff/counter defendant’s motion for judgment on the pleadings regarding defendant’s counterclaims,

27 that motion (Dkt. # 98) shall be STRICKEN from the Court’s calendar.

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ORDER ON MOTION FOR LEAVE TO
AMEND - 1

Dockets.Justia.com
 Case 2:07-cv-00631-RSM Document 103 Filed 04/21/2008 Page 2 of 2

1 In light of defense counsel’s Notice of Unavailability (Dkt. # 102), defendant’s answer to the
2 amended complaint shall not be due until June 13, 2008. Once the answer has been filed, the Clerk shall
3 issue the Order Regarding Initial Disclosures and Regarding Joint Status Report.
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5 DATED this 21 Day of April 2008.
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A
RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE
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ORDER ON MOTION FOR LEAVE TO
AMEND - 2