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Contract: Other | Kansas
Order on Motion for Leave to Amend Complaint
ORDER granting 71 defendants' motion for leave to file an amended answer and counter-claims. Plaintiff opposes amendment only on the basis of futility, arguing that defendants' proposed counter-claims for breach of warranty (Count V) and theft of intellectual property (Count VI) fail to allege facts that would support a claim. Given the liberal standards governing leave to amend, the fact that the motion was filed before the scheduling-order deadline for amending pleadings (see ECF 69), and that discovery is not set to close until October 23, 2026 (see ECF 61), granting leave to amend is warranted and furthers the just, speedy, and inexpensive determination of this action. See Fed. Rules Civ. P. 1 and 15(a)(2). The court has reviewed the proposed new counter claims and does not find them frivolous on their face. See Poulos v. Brickley Enters., LLC, No. 19-2629-JAR-JPO, 2020 WL 1812269, at *3 (D. Kan. Apr. 8, 2020) ("Plaintiff's proposed amendments are not clearly frivolous on their face, and district judges (as opposed to magistrate judges) are tasked with determining dispositive matters in a case."); Bailey v. Indical Mgmt., LLC, No. 19-1283-HLT-TJJ, 2020 WL 1151317, at *3 (D. Kan. Mar. 10, 2020) ("This does not mean the amendments will survive a dispositive motion in the future, just that the proposed amendments do not appear clearly frivolous."). Plaintiff may renew its arguments in a motion to dismiss filed in response to the amended counter-claims. Defendants are directed to file their amended answer and counter-claims within 3 business days of this order. Signed by Magistrate Judge Angel D. Mitchell on 7/20/2026. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (alh)
Contract: Other | Missouri Western
Order on Motion for Leave to File
ORDER granting 10 unopposed motion for leave to file Second Amended Complaint. Plaintiff is directed to file the proposed Second Amended Complaint attached to the motion on or before July 22, 2026. Signed on 7/20/2026 by District Judge Roseann A Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (ADG)
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