In re Wilson Family Foods, Inc., et al. v. Johny & Kylee Brown (11-07001)

The plaintiffs in this adversary proceeding moved to amend its complaint after the time to amend as a matter of right had passed.  The plaintiffs wanted to add facts they were aware of but forgot to tell their attorney.  The defendants objected to the amendment as an attempt to delay, as creating further expenses, and as untimely. The Court found that the defendants had not put forth any facts or legal arguments demonstrating any prejudicial delay or undue expenses. The Court further concluded that the amendments can be read such that they do not add a new claim and thus need not relate back to the original complaint, and even if the amendments added a new claim, the new claim would arise out of the same conduct, transaction, or occurrence set out in the original complaint, and thus the amendments would relate back.

Tuesday, March 13, 2012