Opinion
CIVIL ACTION NO. 02-2386 SECTION "K" (3)
March 16, 2004
MINUTE ENTRY
Before the Court is plaintiff's Motion for Leave to File First Supplemental and Amending Complaint pursuant to Rule 15(c). The Government has formally replied noting that plaintiff seeks to add two-more non-promotion claims which have been administratively exhausted ( i.e., on October 7, 2003). The defendant responds that it can neither agree to the amendment nor oppose and requests that, if the amendment is permitted, that the Court reserve its right to raise any and all defenses the Government may have to the plaintiff's complaint as supplemented and amended, in particular its defense that these newly added claims are time-barred. Fifth Circuit jurisprudence holds that where the only proffered justification for denial is futility, the determination that the complaint is legally sufficient and not cumulative deprives the district court of all "substantial reason" to deny leave to amend and severely restricts its discretion to do so. Accordingly and considering the Government's response to the plaintiff's motion to amend, the Government's Motion to Continue the Trial and Reschedule all Deadlines recently granted by the district judge and the applicable law, the Court issues the following orders, to wit:
See Defendant's Reply to Plaintiffs Motion to Amend Complaint filed March 15, 2004 [Rec. Doc. No. 14]; Defendant's Unopposed Motion to Continue Trial and All Deadlines granted March 2, 2004 [Rec. Doc. No. 10].
See Jamieson v. Shaw, 112 F.2d 1205, 1208-09 (5th Cir.), reh'g denied, 776 F.2d 1048 (5th Cir. 1985); Dussouy v. Gulf Coast Investment Corp. 660 F.2d 594, 598 (5th Cir. 1981); Moody v. Callon Petroleum Operating Co., 37 F. Supp.2d 805, 808 (E. D. La. 1999) (Duval, J.); Cuccia v. Fulbright Jaworski, L.L.P., 2003 WL 21212777 (N.D. Tex.) (Fish, J.).
IT IS ORDERED that plaintiff's Motion for Leave to File First Supplemental and Amending Complaint is hereby GRANTED, reserving the defendant's right to raise any and all defenses it may have with respect thereto, including the defense that the plaintiff's claims as supplemented and amended are time-barred.
IT IS FURTHER ORDERED that the March 24, 2004 hearing previously scheduled before the undersigned Magistrate Judge is hereby CANCELLED.