"the Court has already given Plaintiff leave to amend his complaint once. Dkt. # 42 at 18. However, the other applicable factors weigh in favor of granting leave to amend. There are no allegations of bad faith, and amendment would not result in undue delay or prejudice to Defendants. Most importantly, for the reasons discussed above, it is not clear that any amendment would be futile. Plaintiff may be able to obtain more information from confidential witnesses, locate additional witnesses, and plead witnesses’ statements with further specificity. Accordingly, the Court finds it appropriate to grant Plaintiff leave to amend. The Court expects that Plaintiff will need time to confer with his witnesses. Plaintiff may also be able to identify additional confidential witnesses and generally bolster his pleadings with further investigation. Accordingly, and in light of the impending holidays, the Court will grant Plaintiff two months to amend his complaint.
On the other hand, the Court is mindful that this case has been litigated for more than a year, and has yet to proceed past the motion to dismiss threshold. As a result, the Court will not be inclined to grant any further leave to amend.
IV. Conclusion
For the reasons above, the Court GRANTS Defendant’s motion to dismiss. Plaintiff may amend his Complaint in accordance with the foregoing. Should Plaintiff choose to amend, he must submit an amended complaint no later than January 22, 2014. Failure to file an amended pleading by January 22, 2014 will result in dismissal of this action with prejudice.
IT IS SO ORDERED
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