Gaytan v. Verda Express, Inc et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
LAREDO DIVISION
JENNYFER GAYTAN §
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VS.
CIVIL ACTION NO. 5:25-CV-203
VERDA EXPRESS, INC AND
SULEYMAN SALPYYEV
REPORT AND RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Before the Court is Plaintiff’s Unopposed Motion for Leave to File First
Amended Complaint. (Dkt. No. 8).
Under Federal Rule of Civil Procedure 15, a party may amend its pleading
“once as a matter of course within . . . 21 days after serving it.” Fed. R. Civ. P.
15(a)(1)(A). “In all other cases,” a pleading may be amended “only with the opposing
party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). “The court should
freely give leave when justice so requires.” Id. Indeed, “[a] court must have a
‘substantial reason’ to deny a party’s request for leave to amend.” Stem v. Gomez,
813 F.3d 205, 216 (5th Cir. 2016) (citations omitted).
Here, Plaintiff seeks the Court’s leave to amend to her complaint to “remove
claims under the Texas Transportation Code Sections 545.357, 545.401, 545.415(a),
and 547.501.” (Dkt. No. 8 at 1). Defendants are unopposed to Plaintiff’s motion. (Dkt.
No. 8 at 2).
Having no substantial reason to deny Plaintiff’s request, the Undersigned
RECOMMENDS Plaintiff’s Unopposed Motion for Leave to File First Amended
Complaint be GRANTED. (Dkt. No. 8). The Undersigned also RECOMMENDS that
United States District Court
Southern District of Texas
ENTERED
December 05, 2025
Nathan Ochsner, Clerk
Case 5:25-cv-00203 Document 13 Filed 12/05/25 in TXSD Page 1 of 2

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the Clerk of Court be DIRECTED to docket Plaintiff’s First Amended Complaint.
(Dkt. No. 8-1).
NOTICE TO PARTIES
The Clerk will file this Report and Recommendation and transmit a copy to
each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy
of the Report and Recommendation, a party may file with the Clerk and serve on the
United States Magistrate Judge and all parties, written objections, pursuant to Fed.
R. Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States
District Court for the Southern District of Texas.
A party's failure to file written objections to the proposed findings, conclusions,
and recommendation in a magistrate judge's report and recommendation within
FOURTEEN (14) DAYS after being served with a copy shall bar that party, except
upon grounds of plain error, from attacking on appeal the unobjected-to proposed
factual findings and legal conclusions accepted by the District Court. Douglass v.
United Servs. Auto Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc).
SIGNED on the 5th day of December, 2025.
Christopher dos Santos
United States Magistrate Judge
Case 5:25-cv-00203 Document 13 Filed 12/05/25 in TXSD Page 2 of 2