Marshall Feature Recognition, LLC v. Wendy’s Int’l., Inc., No. 14 C 865, Slip Op. (N.D. Ill. Oct. 15, 2015) (Coleman, J.).
Judge Coleman granted defendants Fed. R. Civ. P. 15 and 17 motion to amend its first amended complaint to state that it was a Texas entity with a principal place in Texas, as opposed to an Illinois entity with a principal place of business in Illinois. Plaintiff’s mistake, while “shoddy,” was a clerical mistake that would not impact the outcome of the case or any defense. The fact that plaintiff was not a licensed LLC at the time of filing was irrelevant because pursuant to Illinois law – which controls for determining whether an entity could file suit – a voluntary unincorporated association may bring suit. The Court, therefore, granted plaintiff leave to amend its first amended complaint.