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Civil Rights: Americans with Disabilities - Employment | South Carolina
Order
TEXT ORDER granting Plaintiff's request for leave to amend his Complaint. ECF No. 11 at 2. Defendant filed a partial Motion to Dismiss, arguing Plaintiff failed to plead facts sufficient to support certain state law claims against it. ECF No. 6. Plaintiff filed a Response to the Motion, in which he asks, in the alternative, for leave to amend his Complaint. ECF No. 11. Defendant filed a Reply, in which it opposes Plaintiff's request to amend. ECF No. 16. It would not serve the interests of judicial economy to review, research, and rule on the pending partial Motion to Dismiss based on Plaintiff's current allegations if the Court then allows Plaintiff to amend the Complaint. Moreover, this case is in the early stages and, pursuant to Rule 15 of the Federal Rules of Civil Procedure, leave to amend should be freely given. Fed. R. Civ. P. 15(a)(2); see Johnson v. Oroweat Foods Co., 785 F.2d 503, 509 (4th Cir. 1986) (citing Foman v. Davis, 371 U.S. 178, 182 (1962)). Without expressing any view as to the merits of the Motion or the arguments raised in Defendant's Reply, the Court affords Plaintiff an opportunity to cure the purported pleading defects with an amended complaint. Therefore, IT IS ORDERED that Plaintiff shall have until August 10, 2026, to file an Amended Complaint. If Plaintiff timely files an Amended Complaint, the pending Motion will become moot. If Plaintiff does not timely file an Amended Complaint, the Court will decide the Motion. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 8/3/2026. (mbre, )
Personal Inj. Prod. Liability | South Carolina
Notice of Voluntary Dismissal
NOTICE of Voluntary Dismissal by George Sykes, Jr of Duplicate Filing by Listed Plaintiff Only, as to Listed Action Only, Without Prejudice pursuant to F.R.C.P. 41(a)(1)(A)(i) & C.M.O No. 38. (Attachments: # 1 Exhibit A)Associated Cases: 2:18-mn-02873-RMG, 2:25-cv-10533-RMG(Bouk, Winston)
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