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- alnd;;2:16-cv-00397_de56 RegisterActionDate "2017-09-15" @default.
- alnd;;2:16-cv-00397_de56 RegisterActionDescriptionText "ORDER - On September 11, 2017, Defendants Performance Imports, LLC (Performance), Khaled Khalidi (Khalidi), and Hazim Mahmoud (Mahmoud) filed a motion for an extension of time to file responsive pleadings to Plaintiffs Amended Complaint, (doc. 33). (Doc. 49). Plaintiff opposes this motion, (see doc. 51); therefore, the undersigned construes the motion for an extension of time as a motion for leave to amend Defendants answer pursuant to Fed. R. Civ. P. 15(a)(2), under which leave should be freely given when justice so requires. Therefore, Performances answer is a nullity, and the collective answer is STRICKEN to the extent it purports to answer for Performance; as there is no answer to amend, the motion for leave to amend is DENIED as to Performance. However, the undersigned declines to hold Mahmoud and Khalidi in contempt for filing the answer, given that they shortly afterwards retained counsel who has been actively participating in this case; to the extent Thornells response requests such relief, it is DENIED.If Performance or Khalidi successfully obtains relief from default, they may file an answer, but Khalidis attempt to answer is not a substitute for a Rule 55(c) motion. Therefore, the collective answer is STRICKEN to the extent it answers on behalf of Khalidi, and the motion to amend is DENIED as to Khalidi.1 If Performance and Khalidi wish to move for relief under Rule 55(c), they must do so by September 28, 2017. Beyond merely hinting he wishes to expand his answer, Mahmoud does not indicate the substance of his proposed amendment, and thus the undersigned cannot determine whether justice requires leave be granted. Therefore, the motion for leave to amend is due to be DENIED as to Mahmoud, with leave to refile (accompanied by a proposed amended answer) by September 28, 2017. Signed by Magistrate Judge John H England, III on 9/15/2017. (KEK) (Entered: 09/15/2017)" @default.
- alnd;;2:16-cv-00397_de56 AdministrativeID "53" @default.
- alnd;;2:16-cv-00397_de56 OntologyLabel order @default.