Summary
The court grants Plaintiffs’ motion to amend or correct the complaint under Federal Rule of Civil Procedure 15(a)(2), rejecting Defendants’ argument that amendment would be futile. The court directs the amended complaint to be filed separately, gives Defendants until February 18, 2026, to respond, and denies the pending motion to dismiss as moot.
Holdings
- Leave to amend was granted because Rule 15(a)(2) directs that leave should be freely given when justice so requires, and the circumstances did not warrant denial on the grounds presented.
- The court declined to resolve defendants' futility arguments in opposition to amendment because those arguments were better left for full briefing on a motion to dismiss.
Questions Presented
- Whether plaintiffs should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file the proposed amended complaint after the period for amendment as a matter of course had expired.
- Whether the court should deny leave to amend based on defendants' argument that the proposed amendment would be futile because it did not address all issues raised in the pending motion to dismiss.
- Whether defendants' pending motion to dismiss should be denied as moot after leave to amend is granted.
Disposition
other
Cases Cited (5)
- Cohen v. Ill. Inst. of Tech., 581 F.2d 658, 661 (7th Cir. 1978)(followed)
- Sides v. City of Champaign, 496 F.3d 820, 825 (7th Cir. 2007)(followed)
- Adams v. N. Ind. Pub. Serv. Co., No. 2:10-CV-469, 2014 WL 4248230, at *2 (N.D. Ind. Aug. 27, 2014)(followed)
- Eminger v. City of Kendallville, No. 1:24-cv-00444-HAB-ALT, 2025 WL 3267763, at *2 (N.D. Ind. Nov. 21, 2025)(followed)
- Chen v. Yellen, No. 3:20-cv-50458, 2021 WL 5005373, at *3 (N.D. Ill. Oct. 28, 2021)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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