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Catlin Syndicated Limited v. Ramuji, LLC

United States District Court, N.D. Alabama, Middle Division

April 18, 2018

CATLIN SYNDICATE LIMITED, Plaintiff,
v.
RAMUJI, LLC d/b/a BUDGET INN and PEOPLES INDEPENDENT BANK, Defendants. RAMUJI, LLC, PEOPLE'S INDEPENDENT BANK, Counterclaim/Third Party Plaintiffs, GREAT AMERICAN ASSURANCE COMPANY Third-Party Plaintiff Intervenor,
v.
RANDY JONES & ASSOCIATES, INC., JON PAIR, CERTAIN UNDERWRITERS AT LLOYD'S, LONDON SUBSCRIBING SEVERALLY TO POLICY NO. ULL 20018, named as “SYNDICATE 1414 AT LLOYD'S ASCOT UNDERWRITING LIMITED, SYNDICATE 5820 AT LLOYD'S ANV SYNDICATES LIMITED, SYNDICATE 727 AT LLOYD'S S.A. MEACOCH & COMPANY LIMITED, and SYNDICATE 1861 at LLOYD's ANV SYNDICATED LIMITED, Third-Party Defendants.

          MEMORANDUM OPINION AND ORDER

          VIRGINIA EMERSON HOPKINS, UNITED STATES DISTRICT JUDGE.

         I. Introduction and Relevant Background

         Before the Court is Catlin Syndicate Limited's (“Catlin”) Motion for Leave to Amend Complaint (the “Motion”) under Federal Rule of Civil Procedure 15(a)(2) filed on March 29, 2018. (Doc. 139). In its Motion, Catlin asks the Court to “allow[] Catlin to file a Second Amended Complaint.” (Id. at 9). Catlin attached the Second Amended Complaint to the Motion. (Doc. 139-1). According to Catlin, “[t]he purpose of the requested amendment is to add another example of . . . a misrepresentation in Ramuji's completed application which was recently discovered.” (Doc. 139 at 3).

         The Motion notes that Ramuji opposes this amendment. (See id.) (“Counsel for Ramuji opposes any amendment that changes or adds any newly asserted grounds that Underwriters wish to add to their efforts to void the Policy.”).[1] The Motion is silent regarding whether People's Independent Bank (“PIB”) opposes the Motion. (See generally id.). Importantly, under this Court's Uniform Initial Order, any opposition to the Motion had to be filed within 14 days. (Doc. 3 at 23 ¶2).[2] The time to oppose the Motion has passed. Accordingly, it is now ripe for review.

         II. Standard

         Rule 15(a) states:

(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
(A) 21 days after serving it, or
(B) if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
(2) Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires.

Fed. R. Civ. P. 15(a). The Eleventh Circuit has explained Rule 15:

The thrust of Rule 15(a) is to allow parties to have their claims heard on the merits, and accordingly, district courts should liberally grant leave to amend when “the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief.” Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962). Nevertheless, a motion for leave to amend may appropriately be denied “(1) where there has been undue delay, bad faith, dilatory motive, or repeated failure to cure deficiencies by amendments previously allowed; (2) where allowing amendment would cause undue prejudice to the opposing party; or (3) where amendment would be futile.” Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir.2001).

In re Engle Cases, 767 F.3d 1082, 1108-09 (11th Cir. 2014). “[The Eleventh Circuit] review[s] for abuse of discretion.” See Bryant v. Dupree, 252 F.3d 1161, 1163 (11th Cir. 2001) (citing Henson v. Columbus Bank & Trust ...


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