Proposed order (attachment to Dkt. 32)¶

Bass v. TTUHSC, No. 5:25-cv-00244-H-BV (N.D. Tex.) · Dkt. 32-4 · 2026-02-15 · PDF

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
LUBBOCK DIVISION
KEVIN N. BASS,
§
Plaintiff,
§
§
v.
§ Civil Action No. 5:25-cv-00244-H-BV
§
TEXAS TECH UNIVERSITY HEALTH
§
SCIENCES CENTER, et al.,
§
Defendants.
§
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO WITHDRAW
PROPOSED SECOND AMENDED COMPLAINT AND SUBSTITUTE
PROPOSED THIRD AMENDED COMPLAINT
Before the Court is Plaintiff's Motion for Leave to Withdraw Proposed Second Amended
Complaint and Substitute Proposed Third Amended Complaint Based on Newly Discovered
Evidence (Doc. ___). Having considered the motion, the Court finds that leave to amend should
be freely given when justice so requires under Federal Rule of Civil Procedure 15(a)(2), and that
none of the factors warranting denial under Foman v. Davis, 371 U.S. 178, 182 (1962), are
present.
IT IS THEREFORE ORDERED that:
1. Plaintiff's Motion is GRANTED.
2. The Proposed Second Amended Complaint filed with Doc. 26 is WITHDRAWN.
3. The Proposed Third Amended Complaint attached to Plaintiff's Motion is accepted as the
operative pleading.
4. Defendants' Motion to Dismiss (Doc. 27) is DENIED AS MOOT without prejudice to
refiling directed at the operative Third Amended Complaint.
5. Defendants shall file any responsive pleading or motion directed at the Third Amended
Complaint within the time prescribed by the Federal Rules of Civil Procedure.
SO ORDERED.
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SIGNED
this___
___day
dayofof______________,
____________, 2026.
SIGNED this
2026.
___________________________________

___________________________________

JAMES WESLEY HENDRIX

UNITED STATES
UNITED
STATES DISTRICT
DISTRICT JUDGE
JUDGE

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