In re Holmes (Ch. 11 Case No. 02-52793, Adv. No. 03-05280)

The plaintiffs moved to amend their pleadings to include two issues raised at trial. The defendant contended that an amendment of the pleadings would be futile because the final pretrial order controlled the issues for trial. The court held that the pleadings may be amended under Rule 15(b) even though a final pretrial order had been entered under Rule 16(e). The court held that the defendant would suffer no prejudice by allowing the amendment.

Wednesday, July 12, 2006