Elizabeth Allen v. Michael Fuller and XVSOUTH, LLC

Summary

The United States District Court for the District of Massachusetts denied without prejudice Elizabeth Allen’s motion for reconsideration of the denial of her anti-SLAPP motion to dismiss a counterclaim, finding that the motion was unreasonably late. The court allowed Allen’s oral motion to amend to add a promissory estoppel claim because the amendment would not prejudice the defendants or require additional discovery or delay. The court noted that the anti-SLAPP issue could be addressed in an appropriately filed post-trial motion.

Holdings

1. Plaintiff's motion for reconsideration was unreasonably late because it was filed nearly two years after the asserted change in law and five days before trial, and was therefore denied without prejudice.
2. The court allowed plaintiff's oral motion to amend to add a promissory-estoppel claim because the theory had been clear throughout the litigation and the amendment would not prejudice defendants.

Questions Presented

1. Whether plaintiff's motion for reconsideration, filed nearly two years after an asserted intervening change in law and five days before trial, was unreasonably late.
2. Whether plaintiff should be permitted to amend the complaint to add a promissory-estoppel claim despite the timing of the amendment.

Disposition

other