Levy v. Lique et al

Filing 71

ORDER granting 59 Motion to Amend 1 Complaint. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Sheila Levy
v.

Case No. 10-cv-374-PB

Todd Lique

O R D E R

Plaintiff has filed a motion to amend seeking to add a
fourth amendment claim that she was unlawfully detained without
probable cause.

There is no evidence in the record to suggest

that plaintiff deliberately failed to include the new claim in
her original complaint in an attempt to achieve a tactical
advantage.

Defendant will not suffer unfair prejudice if the

motion is allowed.

The court will permit discovery to be

reopened if additional discovery is required to address the
amended complaint.

The court will also allow a continuance of

the trial if defendant can demonstrate that a continuance is
warranted.

The court declines to address defendant's futility

argument because it has not been properly briefed and instead
authorizes defendant to challenge the amended complaint in a
motion for summary judgment to be filed within 30 days.

The motion to amend (Doc. No. 59) is granted.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
July 10, 2012
cc:

Stephen Martin, Esq.
Sheila Levy, pro se
Brian J. S. Cullen, Esq.

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