Summary
holding that the plaintiff provided a sufficient explanation for late amendment when the plaintiff sued the wrong governmental entity based on information he received from the defendant's Rule 26 disclosures
Summary of this case from Swanston v. City of PlanoOpinion
Civil Action No. 3:14-CV-1306-M
08-19-2015
CONSTANTINO ROBLES, Plaintiff, v. ARCHER WESTERN CONTRACTORS, LLC, Defendant.
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing the Findings, Conclusions, and Recommendation of the United States Magistrate Judge for plain error, I am of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
Plaintiff's motion for leave to amend, filed December 10, 2014 (doc. 48) is GRANTED. The Clerk's Office shall file the proposed amended complaint attached to Plaintiff's motion. Archer Western's motion to drop dispensable parties, filed October 6, 2014 (doc. 24), and Dallas Water Utilities' motion to dismiss, filed November 19, 2014 (doc. 38) are both DENIED AS MOOT. Plaintiff's motion for remand, filed October 27, 2014 (doc. 31) is GRANTED, and the case will be remanded to the state court by separate judgment.
SIGNED this 19th day of August, 2015.
/s/ _________
BARBARA M. G. LYNN
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS