Legal Opinion
Gilmore v. Witschorek
District Court, E.D. Illinois
Decided April 7, 1976No. Civ. 753168PublishedCited by 9 opinions
1Opinion of the Court
ORDER
FOREMAN, Judge:
Before the Court are plaintiff’s Motion for Leave to Amend Complaint and defendant’s Motion to Dismiss.
Plaintiff seeks leave to amend his original complaint by adding a second count. However, leave to amend is not required since the defendant has not yet filed an answer to the complaint, but has filed only a Motion to Dismiss. Until an answer has been filed a plaintiff can amend his complaint once as a matter of right. Fuhrer v. Fuhrer, 292 F.2d 140 (7th Cir. 1961). Nevertheless, to clarify the pleadings plaintiff’s Motion for Leave to Amend will be GRANTED.
Defendant has…
2Cases cited22 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Palmer v. HoffmanSupreme Court of the United States · 1943
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wahlstrom v. Kawasaki Heavy Industries, Ltd.Court of Appeals for the Second Circuit · 1993
- Red Star Towing & Transportation Co. v. Ming GiantDistrict Court, S.D. New York · 1983
- R & L GRAIN CO. v. Chicago Eastern Corp.District Court, N.D. Illinois · 1981
- Hubschman v. Antilles Airboats, Inc.District Court, Virgin Islands · 1977
- Montgomery v. HarroldDistrict Court, E.D. Michigan · 1979
4 more not listed; retrieve them via the Exa API.