Triad Financial Services, Inc. v. Griffith et al

Filing 160

MEMORANDUM OPINION & ORDER denying the 143 MOTION for Leave to Join Party and to File Third Amended Third-Party Complaint. Signed by Judge Joseph R. Goodwin on 7/12/2010. (cc: attys; any unrepresented party) (taq)

Griffith et al v. Chapmanville Home Place, Inc. et al

Doc. 160

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION LEAH D. GRIFFITH, et al., Plaintiff, v. CHAPMANVILLE HOME PLACE, INC., et al., Defendants. CIVIL ACTION NO. 2:08-cv-00823

MEMORANDUM OPINION & ORDER Pending before the court is a Motion for Leave to Join Party and to File Third Amended Third-Party Complaint, from defendants/third-party plaintiffs Leah D. Griffith and Kevin Stavnicky ("Movants") [Docket 143]. This motion is DENIED. A court "should freely give leave" to a party to amend its pleadings "when justice so requires." Fed. R. Civ. Proc. 15(a)(2). A court may exercise its discretion to deny leave to amend for reasons such as "undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc." Foman v. Davis, 317 U.S. 178, 182 (1962). Movants claim to have discovered the evidence that justifies their motion in mid-March, 2010, yet their motion was not filed until June 17, 2010. They offer no explanation for this delay. Trial is scheduled for July 27, 2010. I decline to grant, on the eve of trial, a motion to join a new party and amend the pleadings.

Dockets.Justia.com

The Motion for Leave to Join Party and to File Third Amended Third-Party Complaint [Docket 143] is DENIED. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: July 12, 2010

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