MEMORANDUM OPINION AND ORDER
GOODWIN, District Judge.
Pending before the court are: (1) the motion of the plaintiff, Nathan B. Harvey, for leave to file a second amended complaint [Docket 27] and (2) the motion of the defendant, Mingo Logan Coal Company (Mingo), for partial summary judgment [Docket 34]. Federal Rule of Civil Procedure Rule 15(a) permits amendment of a complaint after a responsive pleading has been filed "only by leave of court or...
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