Barry James Christensen, II v. Findlay ARN, LLC, et al.

Summary

The United States District Court for the District of Nevada addresses Plaintiff Barry James Christensen, II’s motion for leave to file an amended complaint and Defendants’ motion to strike that motion and the proposed amended complaint. The court grants the motion to amend in part and denies it in part, rejecting proposed new defendants and claims including constructive fraud and constructive discharge as unduly delayed, prejudicial, or futile. The court denies Defendants’ motion to strike.

Holdings

1. Leave to amend was denied because the proposed amendment was unduly delayed and futile. Alleged ownership or financial benefit, without allegations of operational or economic control over the employment relationship, was insufficient to plead that these parties were employers under the FLSA.
2. Leave to add Findlay Management Group was denied because the motion was unduly delayed and adding the entity would cause substantial prejudice by requiring additional discovery and expanding the litigation.
3. Leave to add all four proposed claims was denied because each amendment was futile and independently was affected by undue delay and prejudice.
4. Leave to amend was granted to remove Findlay Automotive and withdraw the claims under NRS 613.120, NRS 598.0915(15), NRS 598.0923(1)(d), NRS 598.0923(1)(e), and NRS 41.130.
5. The motion to strike Christensen's motion to amend and proposed amended complaint was denied.

Questions Presented

1. Whether leave should be granted to add Clifford J. Findlay, Donna Sue Findlay, the Findlay Trust, and Findlay Management Group as defendants.
2. Whether leave should be granted to add claims for constructive fraud, constructive discharge, unjust enrichment, and intentional infliction of emotional distress.
3. Whether leave should be granted to withdraw three existing claims and remove Findlay Automotive as a defendant.
4. Whether defendants' Rule 12(f) motion to strike the motion to amend and proposed amended complaint should be granted.

Disposition

other