Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:05-cv-00194-JJF Document 52 Filed 05/O1/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DOROTHY HOULIHAN, ;
Plaintiff, ;
v. ; Civil Action No, O5—l94—JJF
SUSSEX TECHNICAL SCHOOL ;
DISTRICT, et al., :
Defendants. ;
MEMORANDUM ORDER
Pending before the Court is Plaintiff's Motion To File
Amended Complaint (D.I. 41) and Amended Motion To File Amended
Complaint (D I. 48). By the original Motion, Plaintiff requested
the Court to allow her to amend the Complaint to correct a
misnomer and delete the references to Defendant Huber in
accordance with the Court’s November I6, 2006 Order. Plaintiff
did not assert any new facts or causes of action in the Amended
Complaint. Shortly thereafter, Plaintiff filed an Amended Motion
To File Amended Complaint requesting the same relief as sought in
the original Motion with the additional request that the Court
include certain exhibits attached to the Amended Complaint, which
were inadvertently omitted from the original Motion.
Although Plaintiff requested Defendants' counsel to consent
to the filing of the Amended Complaint, Plaintiff was unable to
obtain his consent. However, to date, Defendants have not filed
any opposition to the pending Motions.

Case 1:05-cv-00194-JJF Document 52 Filed 05/O1/2007 Page 2 of 2
Given the lack of opposition to the pending Motions by
Defendants and the lack of any substantive changes to the
original Complaint, the Court concludes that Defendants will not
be prejudiced by the amendments. Therefore, the Court will allow
the amendments pursuant to Fed. R. Civ. P. l5(a).
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. Plaintiff's Amended Motion To File Amended Complaint
(D.I. 48) is GRANTED and the Amended Complaint along with the
exhibits are deemed filed.
2. Plaintiff's original Motion To File Amended Complaint
(D,I. 41) is DENIED as moot.
may gi , 2006 LM*'#~ DATE D S AT' DISTRICT J GE
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