Stacey Jackson v. Exelon Business Services Company, LLC, et al.

Summary

The United States District Court for the District of Maryland grants Stacey Jackson’s motion for leave to file a Second Amended Complaint in an employment-related retaliation action. The court concludes that amendment is not futile because the proposed pleading adds facts concerning alleged failure to compensate Jackson under a settlement agreement and permits defendants to renew their dismissal arguments after the amended complaint is filed.

Holdings

1. Leave to amend should be granted because Defendants did not establish prejudice or bad faith, and the proposed Second Amended Complaint was not futile.
2. The proposed amendment was not futile merely because it might not cure deficiencies in claims previously dismissed, where it also included additional facts supporting claims the Court had allowed to proceed.

Questions Presented

1. Whether Plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file a Second Amended Complaint.
2. Whether the proposed amendment was futile because it failed to cure deficiencies identified in the Court's prior dismissal order.

Disposition

other