Brady v. IAT Insurance Group, No. 2:2023cv07005 - Document 10 (E.D. La. 2024)

Court Description: ORDER AND REASONS denying 9 Motion to Amend/Correct Case Caption. IT IS ORDERED that Plaintiff's 9 Motion to Amend/Correct Case Caption is DENIED WITHOUT PREJUDICE to his right to re-file the motion, along with a proposed amended complaint, memorandum in support, and notice of submission. Signed by Magistrate Judge Donna Phillips Currault on 01/30/2024. (alm)

Download PDF
Brady v. IAT Insurance Group Doc. 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ROBERT BRADY * CIVIL ACTION VERSUS * NO. 23-7005 IAT INSURANCE GROUP * SECTION “J” (2) ORDER AND REASONS Before me is Plaintiff Robert Brady’s Motion to Amend/Correct Case Caption to substitute the proper Defendant, Occidental Fire & Casualty Company of North Carolina, for misidentified Defendant IAT Insurance Group, parent company of Occidental Fire. ECF Nos. 9, 9-1 at 1-2. Local Rule 7.6 requires a party seeking to amend its pleading to attempt to obtain consent before filing a motion for leave to amend. If consent is not obtained, the party must request leave of court and notice the motion for a submission date. Id.; FED. R. CIV. P. 15(a)(2). Plaintiff indicates that Defendant declined to provide consent to amendment, hence he filed a contested motion and accompanying memorandum. ECF No. 9-1 at 2. Plaintiff failed, however, to attach his proposed amended complaint to the motion. This failure precludes consideration of Plaintiff’s motion to amend under Rule 15. Further, without the proper substitution of Occidental Fire for IAT in an amended complaint, the former cannot be listed as a party under Rule 10. Accordingly, IT IS ORDERED that Plaintiff’s Motion to Amend/Correct Case Caption (ECF No. 9) is DENIED WITHOUT PREJUDICE to his right to re-file the motion, along with a proposed amended complaint, memorandum in support, and notice of submission. 30th New Orleans, Louisiana, this ________ day of January, 2024. ___________________________________ DONNA PHILLIPS CURRAULT UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.