Cantium, LLC v. Walker Marine Geophysical Company, LLC et al.

Summary

The United States District Court for the Eastern District of Louisiana grants Cantium, LLC’s motion for leave to file an amended and restated complaint under Federal Rule of Civil Procedure 15(a)(2). The court finds that the relevant amendment factors favor leave and directs defendants to raise any concerns about the effect of the amendment on pending motions with the district court.

Holdings

1. When amendment as a matter of course is no longer available, the court should freely grant leave to amend when justice so requires, absent a substantial reason such as undue delay, bad faith, repeated failure to cure deficiencies, undue prejudice, or futility. Because the relevant factors favored amendment, Cantium was granted leave to file its amended and restated complaint.
2. The defendants' position that the amendment should not affect pending motions had to be presented to the district court through a separate submission and did not provide a basis for denying leave to amend.

Questions Presented

1. Whether Cantium should be granted leave under Federal Rule of Civil Procedure 15(a)(2) to file an amended and restated complaint.
2. Whether the defendants' concern that amendment might affect or delay pending motions required denying or limiting leave to amend.

Disposition

other