Kydd et al v. Maple Leaf Homes

Filing 21

ORDER approving in part 14 Report and Recommendation; sustaining in part 15 Objection to Magistrate Judge's Decision (Rule 72(a)); and granting in part 11 Motion to Amend Complaint. So Ordered by Judge Steven J. McAuliffe.(Amended Pleadings due by 1/22/2014.).(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Douglas F. Kydd, et a l .
V"

Case No. 12-cv-403-SM

Maple Leaf Homes

ORDER
Re: Document No. 14, Report and Recommendation re: [11] Motion
to Amend Complaint,
and Document No. 15, Objection to Magistrate
Judge's Decision (Rule 72(a)).
Ruling: The objection to the Magistrate Judge's Report and
Recommendation is sustained with respect to the proposed addition
of a breach of warranty claim, and the motion to amend is allowed
as to that claim. A review of the docket discloses that the parties
filed an assented-to motion to amend the pretrial scheduling order
(doc. no. 9) to, inter alia, extend the time to file amendments to
pleadings until November 1, 2013, and to amend the complaint by
September 12, 2013, which motion was granted on July 24, 2013.
The
motion to amend the complaint to add claims was filed on October 10,
2013, after the complaint amendment date, but before the pleading
amendment date.
The delay was not significant and some confusion
might be supposed, and, in any event, a delay of less than thirty
days to add what is, for practical purposes,
a different legal
theory that will not require any significant factual discovery, is
not a circumstance likely to prove to the defendant.
However, except
for the breach of warranty claim, the other proposed amendments,
would be futile, so those proposed amendments are denied.

Date:

cc:

January 16, 2014

All Counsel of Record