Summary
The United States District Court for the Eastern District of Louisiana grants NCL (Bahamas) Ltd.'s motion for leave to file a supplemental and amended third-party complaint and Rule 14(c) tender. The court applies Federal Rule of Civil Procedure 15(a), finds no substantial reason to deny amendment, and orders the clerk to file the proposed amended pleading.
Holdings
- Because NCL timely sought leave to amend before expiration of the scheduling-order deadline, the request was governed by Rule 15(a), rather than Rule 16(b)'s more stringent good-cause standard.
- Leave to amend was warranted because no substantial reason supported denial; the motion was unopposed, the case was at an early stage, and no prejudice was shown.
Questions Presented
- Whether the motion for leave to amend was governed by the liberal standard of Federal Rule of Civil Procedure 15(a) because it was filed before the scheduling-order amendment deadline.
- Whether NCL should be granted leave to file its supplemental and amended third-party complaint and Rule 14(c) tender.
Disposition
other
Cases Cited (9)
- S & W Enters., L.L.C. v. SouthTrust Bank of Ala., NA, 315 F.3d 533, 535-36 (5th Cir. 2003)(followed)
- Carroll v. Fort James Corp., 470 F.3d 1171, 1173-74 (5th Cir. 2006)(followed)
- Mayeaux v. La. Health Serv. & Indem. Co., 376 F.3d 420, 425 (5th Cir. 2004)(followed)
- Stripling v. Jordan Prod. Co., 234 F.3d 863, 872 (5th Cir. 2000)(followed)
- U.S. ex rel. Spicer v. Westbrook, 751 F.3d 354, 367 (5th Cir. 2014)(followed)
- Smith v. EMC Corp., 393 F.3d 590, 595 (5th Cir. 2004)(followed)
- Rosenzweig v. Azurix Corp., 332 F.3d 854, 864 (5th Cir. 2003)(followed)
- Foman v. Davis, 371 U.S. 178, 182 (1962)(followed)
- Martin’s Herend Imps., Inc. v. Diamond & Gem Trading U.S. Co., 195 F.3d 765, 770 (5th Cir. 1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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