Opinion
No. 3:12-cv-03816-CRB
06-11-2015
CRAIGSLIST, INC., Plaintiff, v. 3TAPS, INC., et al., Defendants.
ORDER DENYING MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT
Now before the Court is Plaintiff Craigslist, Inc.'s ("Craigslist") motion to file a third amended complaint. Mot. (dkt. 234). Having recently retained new counsel, Craigslist wishes to add new claims for secondary copyright infringement liability as well as re-urge, on the grounds of allegedly newly discovered evidence, a conspiracy claim that this Court dismissed over two years ago. See Order (dkt. 74) at 24-25. Fact discovery has now closed, and the Court is on the verge of considering defendant PadMapper's motion for summary judgment.
Of the factors that the Court considers in this context, at least undue delay and prejudice to the opposing party weigh heavily in favor of denying leave to amend. See Griggs v. Pace Am. Grp., Inc., 170 F.3d 877, 880 (9th Cir. 1999) (citing DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir.1987)). For Craigslist to amend so late in the game, after the close of discovery and on the eve of summary judgment, would substantially and unduly prejudice the opposing parties—the "touchstone of the inquiry" that "carries the greatest weight" in the Court's analysis. See Eminence Cap., LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). Accordingly, the Court DENIES Craigslist's motion as untimely.
IT IS SO ORDERED. Dated: June 11, 2015
/s/_________
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE