East West, LLC v. Rahman et al

Filing 103

MEMORANDUM OPINION re Motion for Leave to Amend Answer. Signed by Magistrate Judge Theresa Carroll Buchanan on 7/11/12. (klau, )

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

EAST WEST, LLC,
Plaintiff,
v.
SHAH RAHMAN and CARIBBEAN
CRESCENT, INC.,
Defendants.

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Civ. No. 1:11cv1380

MEMORANDUM OPINION
THIS MATTER comes before the Court on Defendants’ Motion
for Leave to Amend Answer, Affirmative Defenses, Counterclaims,
and Third Party Complaint to Assert Counterclaim for Copyright
Infringement (Dkt. 89).
Upon review of the pleadings, the Court finds that
defendants’ motion comes too late.

Defendants waited until the

final day of discovery to conduct its Federal Rule of Civil
Procedure Rule 30(b)(6) deposition of plaintiff when it
discovered the alleged infringement.

More importantly,

defendant did not file for copyright protection, a necessary
element of this new proposed counterclaim, until after discovery
closed and only the day before this motion was filed.

Further,

plaintiff would be entitled to additional discovery on this
matter even though defendants only seek injunctive relief.
Therefore, defendants’ motion must be denied.

An appropriate

order shall issue.
ENTERED this 11th day of July, 2012.

/s/
THERESA CARROLL BUCHANAN
UNITED STATES MAGISTRATE JUDGE
Alexandria, Virginia