Free Order on Motion for Leave to File - District Court of Delaware - Delaware

Case 1:04-cv-00339-JJF Document 116 Filed 06/O2/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
FEDERAL INSURANCE coMpANY a/S/¤ ;
Ezibz.com, Inc./Avacet, Inc., :
EZIBA SECURITIES CORP., and :
MILLERS CAPITAL INSURANCE COMPANY :
a/s/o Del—Homes Catalog Group LLC, :
Plaintiffs, :
v. : C. A. No. 04-339/04-1322 JJF
; (Consolidated)
LIGHTHOUSE CONSTRUCTION, INC., :
BECKER MORGAN GROUP, INC., and :
O'DONNELL NACCARATO & MACINTOSH, :
INC., :
Defendants, :
and :
LIGHTHOUSE CONSTRUCTION, INC., : 1
Defendant and :
Third Party Plaintiff, :
v. :
EAST COAST ERECTORS, INC., Q
Third—Party Defendant. :
MEMORANDUM ORDER
Pending before the Court is the Motion For Leave To File An
Amended Complaint (D.I. 56) filed by Plaintiff Millers Capital
Insurance Company (“Millers Capital"). For the reasons
discussed, Plaintiff’s Motion will be granted.

Case 1:04-cv-00339-JJF Document 116 Filed 06/O2/2005 Page 2 of 3
CONTENTIONS
By its motion, Millers Capital seeks to assert a direct
claim against Third—Party Defendant, East Coast Erectors, Inc.
(“East Coast"), pursuant to Federal Rule of Civil Procedure
I4(a). Millers Capital contends that its claim against East
Coast arises out of the occurrence that is the subject matter of
Millers Capital's claim against Defendants, Lighthouse
Construction, Inc., Becker Morgan Group, Inc., and O'Donnell,
Naccarato & Macintosh, Inc.
Third—Party Defendant, East Coast Erectors, Inc. filed a
response which states that although they do not consent to the
motion to amend, they make no objection to the motion.
DISCUSSION
Although Millers Capital must obtain leave of the Court in
order to amend its pleadings, that leave “shall be freely given
when justice so requires.” Fed. R. Civ. P. l5(a). The Court
finds that granting leave to amend in this instance would not
cause Defendants undue prejudice.
CONCLUSION
For these reasons, the Motion For Leave To File An Amended
Complaint (D.I. 56) filed by Millers Capital is GRANTED. The
First Amended Complaint attached to Plaintiff’s Motion For Leave
To File An Amended Complaint shall be deemed filed and shall be
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Case 1:04-cv-00339-JJF Document 116 Filed 06/O2/2005 Page 3 013
docketed by the Clerk of the Court.
IT IS SO ORDERED.
June PL , 2005 muon
DATE TED ES DISTRICT G
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