Pettibone v. TJX Companies, Inc. et al

Filing 21

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff Wells Pettibones Motion for Leave to File First Amended Complaint (Doc. 17 ) is GRANTED. Plaintiff shall file his First Amended Complaint, including all relevant exhibits, within seven (7) days of the date of this order. IT IS FURTHER ORDERED that the parties shall submit an amended joint proposed scheduling plan within fourteen (14) days of the date of this order. ( Amended/Supplemental Pleadings due by 7/31/2018., Joint Scheduling Plan due by 8/7/2018.) Signed by Magistrate Judge Noelle C. Collins on 07/24/2018. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

WELLS PETTIBONE,
Plaintiff,
v.
TJX COMPANIES, INC.,
Defendant.

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Case No. 2:18-CV-00025-NCC

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Wells Pettibone’s (“Plaintiff”) Motion for
Leave to File First Amended Complaint (Doc. 17). Plaintiff alleges that he was injured on
September 22, 2017 when a French coffee press he purchased from one of Defendant TJX
Companies, Inc.’s (“Defendant”) stores allegedly malfunctioned. While Plaintiff indicates in his
original petition, filed in state court on March 2, 2018, that he purchased the French coffee press
from Defendant’s store in Quincy, Illinois on July 21, 2016, Plaintiff now seeks to amend his
complaint to indicate that he purchased the French coffee press from Defendant’s store in St.
Charles, Missouri on August 31, 2016 (Docs. 6, 17-1). Plaintiff correctly notes that his request
falls within the July 16, 2018 deadline to amend pleadings in the Case Management Order (Doc.
16). Defendant objects to the amendment, asserting that Plaintiff had adequate time prior to
filing suit in which to determine the circumstances surrounding his alleged purchase of the
product (Doc. 19 at 1). Defendant further argues that it would be prejudiced by an amendment
of the complaint at this date because its ability to identify the supplier and/or manufacturer of the
product “has been significantly compromised” and its ability to meet the Case Management
Order deadlines could also be compromised (Id. at 2).

The Court should freely give leave to amend a pleading when justice so requires. Fed. R.
Civ. P. 15(a)(2). Notwithstanding Rule 15, parties do not have an absolute right to amend their
pleadings even under this liberal standard. Sherman v. Winco Fireworks, Inc., 532 F.3d 709, 715
(8th Cir. 2008). “A district court appropriately denies the movant leave to amend if there are
compelling reasons such as undue delay, bad faith, or dilatory motive, repeated failure to cure
deficiencies by amendments previously allowed, undue prejudice to the non-moving party, or
futility of the amendment.” Id. The determination as to whether to grant leave to amend is
entrusted to the sound discretion of the trial court. Niagara of Wis. Paper Corp. v. Paper Indus.
Union Mgmt. Pens. Fund, 800 F.2d 742, 749 (8th Cir. 1986).
Here, under the liberal standard of Rule 15, the Court will permit Plaintiff to amend his
complaint. The Court is mindful that the amendment may cause some delay as the parties
attempt to uncover the supplier and/or manufacturer of the product. Nevertheless, in light of the
deadline to amend pleadings set forth in the Case Management Order, the Court cannot find that
Defendant is unduly prejudiced by any such delay even if the parties’ initial intent in establishing
this deadline was otherwise. Further, justice requires the Court grant Plaintiff leave to amend as
failure to grant such an amendment, to clarify a material fact, would necessarily result in the
dismissal of this action. Therefore, the Court will grant Plaintiff’s Motion for Leave to File First
Amended Complaint. However, in consideration of Defendant’s concerns, the Court will also
direct the parties to file an amended joint proposed scheduling plan which shall include a new
deadline to file motions for joinder of additional parties or amendment of pleadings. Upon
receipt of the parties’ proposal, the Court will issue an Amended Case Management Order.
Please note that the Court does not intend to continue the final pretrial conference or the trial
date at this time.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff Wells Pettibone’s Motion for Leave to File
First Amended Complaint (Doc. 17) is GRANTED. Plaintiff shall file his First Amended
Complaint, including all relevant exhibits, within seven (7) days of the date of this order.
IT IS FURTHER ORDERED that the parties shall submit an amended joint proposed
scheduling plan within fourteen (14) days of the date of this order.
Dated this 24th day of July, 2018.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE