Co-Defendant's Answer Does Not Destroy Plaintiff's Right to Amend Complaint as to Non-Answering Defendants
The TicketRESERVE, Inc. v. Viagogo, Inc., No. 08 C 5202, Slip Op. (N.D. Ill. Nov. 19, 2008) (Shadur, Sen. J.).*
Judge Shadur ordered that plaintiff's amended complaint was entered without need for plaintiff's motion for leave to file the amended complaint. While defendant Yoonew had already answered the complaint, the amendment added a party that appeared related to defendant Viagogo, which had filed a motion to dismiss instead of answering. The Court held that plaintiff's Fed. R. Civ. P. 15(a)(1)(A) absolute right to amend its complaint before it is answered was not destroyed as to a particular defendant until that defendant answers. So, plaintiff was free to amend any claims made against Viagogo until Viagogo answered, but presumably would have to seek leave to amend should the amendments impact defendant Yoonew.
* This case is assigned to Judge Moran, but during Judge Moran's absence from the bench Judge Shadur has taken over his docket.
