Owners Ins. Co. v. Hutsell

4 Citing cases

  1. Granite State Ins. Co. v. Star Mine Servs.

    CIVIL ACTION NO. 4:19-CV-00184-JHM (W.D. Ky. Dec. 7, 2020)

    "Courts typically find undue delay in cases that are post judgment . . . and in cases where discovery has closed and dispositive motion deadlines have passed." Id. (quoting Owners Ins. Co. v. Hutsell, No. 2:12-cv-419, 2014 WL 2460132, at *3 (E.D. Tenn. June 2, 2014)). There is undue prejudice when the new claim "significantly delay[s] the resolution of the dispute" or requires the opposing party to "expend significant additional resources to conduct discovery and prepare for trial." Phelps v. McClellan, 30 F.3d 658, 663 (6th Cir. 1994).

  2. Mosley v. Spartan Freight Sys., Inc.

    Civil Action 2:16-cv-01197 (S.D. Ohio Aug. 14, 2019)

    "Courts typically find undue delay . . . in cases where discovery has closed and dispositive motions deadlines have passed." Owners Ins. Co. v. Hutsell, No. 2:12-cv-419, 2014 WL 2460132, at *3 (E.D. Tenn. June 2, 2014) (citing Duggins v. Steak 'N Shake, Inc., 195 F.3d 828, 834 (6th Cir. 1999)); see also McNett v. Hardin Cmty. Fed. Credit Union, No. 3:02-cv-7576, 2006 WL 24730000, at *1 (denying motion to amend to add affirmative defense because it "would either delay the trial to allow for additional discovery or force Plaintiff to forego that discovery and yet try the case") (citation omitted). In light of the dilatory nature of the filing as well as the prejudice that Plaintiffs would suffer in this matter's current posture, Defendants' Motion to Amend is not well-taken. Phelps, 30 F.3d at 662-63.

  3. Sims v. Atrium Med. Corp.

    349 F. Supp. 3d 628 (W.D. Ky. 2018)   Cited 16 times

    Id. (quoting Owners Insurance Co. v. Hutsell , 2014 WL 2460132, at *3 (E.D. Tenn. June 2, 2014) ). Here, Atrium failed to show that undue delay occurred.

  4. TIG Ins. Co. v. Hosp. Corp.

    CIVIL ACTION NO. 1:11CV-00043-JHM (W.D. Ky. Jul. 7, 2014)   Cited 5 times

    "Courts typically find undue delay in cases that are post-judgment . . . and in cases where discovery has closed and dispositive motions deadlines have passed." Owners Insurance Co. v. Hutsell, 2014 WL 2460132, *3 (E.D. Tenn. June 2, 2014). Here, the delay is not undue given the fact that limited discovery has taken place and no scheduling order has been entered in the case.