Zachery v. Javitch Block LLC

Full title: DAWN ZACHERY, Plaintiff, v. JAVITCH BLOCK LLC, PALISADES ACQUISITION XVI…

Court: United States District Court, Southern District of Indiana

Case no: 1:22-cv-02261-JRS-MKK

Date published: Jun 28, 2023

Fact:

Plaintiff Dawn Zachery requests leave to file an amended complaint that, among other things, adds a claim of common law fraud, Dkt. [56]. Defendant Javitch Block LLC raises several arguments against the proposed addition of a common law fraud claim, calling it “futile.” (Dkt. 61). As discussed below, Defendant’s arguments against allowing leave to file an amended complaint are premature. Plaintiff’s motion is GRANTED.

Issue:

Conclusion:

Accordingly, the Court GRANTS Plaintiff’s motion to amend the complaint, Dkt. [56]. The granting of this motion should not be read as indicating any view as to the ultimate merits of the claims. Plaintiff shall file the proposed Amended Complaint (Dkt. 56-1) within seven (7) days of this Order.

So ORDERED.

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