Duane v. Vermont Mutual Insurance Company

Filing 77

Judge Richard G. Stearns: ORDER entered overruling Duane's Objection. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 17-11982-RGS
JON DUANE
v.
VERMONT MUTUAL INSURANCE CO.
MEMORANDUM AND ORDER ON PLAINTIFF’S OBJECTION
TO THE MAGISTRATE JUDGE’S DENIAL OF A MOTION
TO AMEND THE COMPLAINT
December 7, 2018
STEARNS, D.J.
Because Magistrate Judge Boal’s determination that plaintiff Jon
Duane has failed to show good cause for a late attempt to amend his
Complaint is unassailable, his objection to her Order is overruled. When
considerable time has elapsed between the filing of a complaint and the filing
of a motion to amend, the movant at the very least has the burden of showing
some valid reason for his neglect and delay. In re Lombardo, 755 F.3d 1, 3
(1st Cir. 2014); see also Steir v. Girl Scouts of the USA, 383 F.3d 7, 12 (1st
Cir. 2004) (“Regardless of the context, the longer a plaintiff delays, the more
likely the motion to amend will be denied, as protracted delay, with its
attendant burdens on the opponent and the court, is itself a sufficient reason

for the court to withhold permission to amend.
ORDER
For the foregoing reasons, Duane’s objection is OVERRULED.
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE

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