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- ilcd;;1:17-cv-01176_de69 RegisterActionDate "2018-07-23" @default.
- ilcd;;1:17-cv-01176_de69 RegisterActionDescriptionText "TEXT ORDER entered by Judge Colin Stirling Bruce on 7/23/18. Plaintiff's motion for leave to file an amended complaint 49 is DENIED. Federal Rule of Civil Procedure 15(a) directs district courts to allow parties to freely amend a pleading when justice so requires. Id. However, a district court may deny leave to amend a pleading for undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, or futility of amendment. Foman v. Davis, 371 U.S. 178, 182 (1962). Here, Defendants would be unduly prejudiced if the Court allowed Plaintiff to amend his Complaint at this late date to add five additional claims. Initially, the Court notes that it is unclear whether some of Plaintiff's purported claims constitute claims upon which relief can be granted. Regardless, Defendants are entitled to a resolution of this case that Plaintiff filed against them. If the Court were to allow Plaintiff to amend on the eve of the close of discovery and near the dispositive motion deadline, the Court would, by necessity, need to re-open discovery and extend the dispositive motion deadline. Defendants would, then, be subjected to an increase in costs and needlessly subjected to a delay because Plaintiff possessed the facts necessary to amend his complaint earlier. Accordingly, the Court denies Plaintiff's motion to amend his complaint because Defendants would suffer undue prejudice by allowing Plaintiff to amend at this stage of the litigation. (KM, ilcd) (Entered: 07/23/2018)" @default.
- ilcd;;1:17-cv-01176_de69 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01176_de69 hasReferenceToOtherEntry ilcd;;1:17-cv-01176_de62 @default.