Summary
This Memorandum and Order from the U.S. District Court for the Southern District of Illinois addresses the plaintiff's motion for leave to file a second amended complaint. Applying Federal Rule of Civil Procedure 15(a)(2), the court evaluates whether to grant leave to amend outside the initial 21-day window. Finding no bad faith or undue prejudice, and noting the plaintiff's delay was caused by waiting for required Notice of Right to Sue letters from the Illinois Department of Human Rights, the court grants the motion. The order further instructs the plaintiff to file the amended complaint separately within five days pursuant to local rules.
Topics
Practice areas
Questions Presented
- Whether the district court should grant leave to file a second amended complaint after the deadline under Federal Rule of Civil Procedure 15(a)(2).
Holdings
- The court grants leave to file the second amended complaint because the plaintiff demonstrated good cause and no undue prejudice to the defendants.
Key quotations
“Rule 15(a)(2) provides that a plaintiff may amend his pleading only with the opposing parties written consent, which the plaintiff has not obtained, or leave of court, which the Court should freely give when justice requires.” (at 1)
“There is no evidence that the plaintiff asked this Court for leave to file an amended complaint for an improper purpose. Instead, it appears that the plaintiff has good cause for requesting the late amendment.” (at 1)
Factual background
Plaintiff Daniel Griffin filed a complaint alleging violations of the Illinois Human Rights Act. He needed two Notices of Right to Sue from the Illinois Department of Human Rights, but the second notice arrived after the deadline for amending pleadings had passed. He sought to amend his complaint to include claims based on that notice.
Procedural history
Plaintiff filed an original complaint and, after the deadline for amendment had passed, moved for leave to file a second amended complaint. The district court considered Rule 15(a)(2) and relevant case law.
Remand instructions
Plaintiff must file the amended complaint separately within five (5) days of the entry of this order.