Opinion
CIV. NO. 3:96-CV-382-X.
April 6, 2000.
MEMORANDUM OPINION AND ORDER
Before the Court is Defendant's Motion for Leave to Amend Answer to Add Affirmative Defense filed January 14, 2000, Plaintiff's Response filed January 28, 2000 and Defendant's Reply filed February 8, 2000. For the reasons stated below, Defendant's Motion is GRANTED.
STANDARD OF REVIEW
Leave to amend should be freely granted as long as the non movant is not unduly prejudiced and the motion is not for the purpose of delay, bad faith. or other dilatory tactics. Foman v. Davis, 371 U.S. 178, 182 (1962). In the instant case, the Defendant seeks to amend its complaint to include the affirmative defense of failure to mitigate. Plaintiff complains that it has been denied the opportunity to amend its complaint and therefore the Defendant should not be allowed to amend either. The Court does not consider such he said-she said arguments, but rather addresses each motion on their own merits. Plaintiff also suggests that allowing the Defendant to amend at this date would prejudice his case. The Court disagrees. This trial is rescheduled for the 12th of June, 2000. That provides the Plaintiff ample time in which to depose witnesses or prepare expert testimony and reports. Plaintiff's final argument that the Defendant knew of this defense and should have amended long before today might carry more weight if the Plaintiff was more forthcoming in his response to discovery requests.
CONCLUSION
Defendant's Request for Leave to Amend is GRANTED and the Clerk is directed to FILE the Defendant's Amended Answer.
SO ORDERED.
Signed this 29th day of March, 2000.