Opinion
Case No. 05-74210.
November 13, 2006
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
On November 2, 2005, Plaintiffs filed a copyright infringement action against Defendants. Presently before this Court is Plaintiffs' Motion for Leave to Amend Complaint filed on September 29, 2006. Plaintiffs contend that their original complaint reflected their belief that a claim for contributory or vicarious copyright liability did not need to the separately pled. Plaintiffs now seek leave to add three causes of action to their complaint, including: (1) fraud; (2) breach of copyright license; and (3) conspiracy, contributory and vicarious copyright infringement. Defendants oppose Plaintiffs' motion arguing that prejudice will result if leave to amend were granted and that Plaintiffs seek to amend only to avoid summary judgment. A hearing on Plaintiffs' motion was held on November 13, 2006.
For the reasons set forth on the record at the hearing on November 13, 2006,
IT IS ORDERED, that Plaintiffs' Motion for Leave to Amend Complaint to add a count for contributory infringement is GRANTED;
IT IS FURTHER ORDERED, that as to all other causes of action that Plaintiffs seek to include in an amended complaint, Plaintiffs' motion is DENIED.