Memorandum Opinion and Order

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 by written consent of the adverse party; and leave shall be freely given when justice so requires.”  The court finds that the interests of justice are served by a liberal policy toward amendments, and therefore GRANTS the plaintiff’s motion for leave to file a second amended complaint.¹ For the reasons discussed below, the court also GRANTS the defendant’s motion for partial summary judgment.