Jennifer Cartwright, individually and as the personal representative of the heirs and Estate of Cameron Rutherford, and Scott Rutherford, individually v. HooDoo Land Holdings, LLC dba Preston Nutter Ranch, Preston Nutter Range Creek Holdings, LLC, Hunt Consolidated, Inc., and Hunt HooDoo Land Holdings

Summary

The court grants Plaintiffs’ motion to amend their amended complaint to add Hunt Oil Company as a defendant in an action arising from Cameron Rutherford’s death at a Utah cabin. Applying Federal Rule of Civil Procedure 15(a)(2), the court declines to resolve personal-jurisdiction and negligence-futility arguments at the amendment stage and directs Plaintiffs to file a second amended complaint within seven days.

Holdings

1. Leave to amend should be freely given when justice so requires, and defendants did not establish undue delay, undue prejudice, bad faith or dilatory motive, failure to cure deficiencies, or another sufficient basis to deny amendment.
2. The court was not required to determine whether personal jurisdiction existed over Hunt Oil before allowing plaintiffs to amend, particularly because Hunt Oil had not appeared or asserted a lack of personal jurisdiction.
3. The court exercised its discretion not to analyze whether the proposed negligence claim was futile because defendants' arguments were more appropriately addressed in dispositive motions after the operative complaint was filed.

Questions Presented

1. Whether plaintiffs should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to amend the amended complaint and add Hunt Oil Company as a defendant.
2. Whether the court should deny amendment as futile based on alleged lack of personal jurisdiction over Hunt Oil Company.
3. Whether the court should deny amendment as futile because the proposed negligence claim allegedly failed to state a claim.

Disposition

other