Summary
The United States District Court for the District of Utah denied Romeo Drawn’s motion to file a proposed Fourth Amended Complaint. The court held that the motion was untimely because it was filed nearly four months after the amendment deadline and that the plaintiff did not adequately explain the delay, declining to reach the defendants’ futility arguments.
Holdings
- Leave to amend was properly denied because plaintiff filed the motion nearly four months after the stipulated deadline and offered no adequate explanation for the delay.
- The court did not need to address futility because the motion was independently untimely.
Questions Presented
- Whether plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a) to file a Fourth Amended Complaint after the scheduling-order deadline had passed.
- Whether the proposed amendment was sufficiently justified despite plaintiff's delay.
Disposition
other
Cases Cited (3)
- Shifrin v. Toll, 483 F. App'x 446, 450 (10th Cir. 2012)(followed)
- Frank v. U.S. West, Inc., 3 F.3d 1357, 1365 (10th Cir. 1993)(followed)
- Jefferson County Sch. Dist. v. Moody's Investor's Services, 175 F.3d 848, 859 (10th Cir. 1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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