Pearson et al v. Logan University

Filing 42

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that motion to amend 38 is granted, and the second amended complaint [38-2] is deemed filed as of this date. Signed by District Judge Catherine D. Perry on 1/3/2018. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MORGAN PEARSON, et al.,
Plaintiffs,
vs.
LOGAN UNIVERSITY,
Defendant.

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Case No. 4:16 CV 1450 CDP

MEMORANDUM AND ORDER
Plaintiffs move to amend their complaint to add a request for punitive
damages under their Missouri law claims. Defendant opposes the request on the
grounds that it is beyond the amendment deadline set out in the case management
order and that plaintiffs have not demonstrated good cause for such a request.
Defendant also argues that amendment is futile. Leave to amend should be freely
granted when justice so requires. Fed. R. Civ. P. 15(a)(2). While it is a close
question, the Court believes that plaintiffs have met the good cause standard
required to amend their complaint and seek punitive damages. They do not allege
new claims, and defendant has failed to argue that it would be prejudiced by
amendment. The evidence plaintiffs seek to introduce with respect to punitive
damages will already be at issue in the underlying claims, and defendant does not
argue that amendment will delay the trial of this case. Whether plaintiffs will

ultimately make a submissible case or succeed at trial on their request for punitive
damages is not before me at this time, but defendant has not demonstrated that
their request meets the futility standard to deny leave to amend. I will permit
plaintiffs to amend their complaint as requested, but no future amendment will be
permitted absent extraordinary circumstances. Finally, I again caution plaintiff’s
counsel about the use of inflammatory rhetoric in his pleadings and remind the
parties of their obligation to engage in substantive good faith efforts to resolve
discovery disputes.
Accordingly,
IT IS HEREBY ORDERED that motion to amend [38] is granted, and the
second amended complaint [38-2] is deemed filed as of this date.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 3rd day of January, 2018.

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