Tuesday, February 10, 2009

Opponent's Delayed Discovery Response Is Not Good Cause For Late Amendment Of Pleadings

Defendant's motion to amend its answer to include inequitable conduct was denied. "As this court has explained before, a party does not show good cause for an untimely amendment simply by arguing that the other party was slow in providing discovery. . . [and] prejudice to plaintiff is almost certain because the deadline for filing a motion for summary judgment has passed, which means that plaintiff would be unable to obtain a ruling on this issue before trial."

Orbital Technologies Corp v. PFO Lighting Inc., 3-08-cv-00220 (WIWD February 6, 2009, Order)

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