Duane v. Vermont Mutual Insurance Co., 17-11982-RGS. (2018)
Court: District Court, D. Massachusetts
Number: infdco20181210c43
Visitors: 13
Filed: Dec. 07, 2018
Latest Update: Dec. 07, 2018
Summary: MEMORANDUM AND ORDER ON PLAINTIFF'S OBJECTION TO THE MAGISTRATE JUDGE'S DENIAL OF A MOTION TO AMEND THE COMPLAINT RICHARD G. STEARNS , District Judge . Because Magistrate Judge Boal's determination that plaintiff Jon Duane has failed to show good cause for a late attempt to amend his Complaint is unassailable, his objection to her Order is overruled. When considerable time has elapsed between the filing of a complaint and the filing of a motion to amend, the movant at the very least has the
Summary: MEMORANDUM AND ORDER ON PLAINTIFF'S OBJECTION TO THE MAGISTRATE JUDGE'S DENIAL OF A MOTION TO AMEND THE COMPLAINT RICHARD G. STEARNS , District Judge . Because Magistrate Judge Boal's determination that plaintiff Jon Duane has failed to show good cause for a late attempt to amend his Complaint is unassailable, his objection to her Order is overruled. When considerable time has elapsed between the filing of a complaint and the filing of a motion to amend, the movant at the very least has the ..
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MEMORANDUM AND ORDER ON PLAINTIFF'S OBJECTION TO THE MAGISTRATE JUDGE'S DENIAL OF A MOTION TO AMEND THE COMPLAINT
RICHARD G. STEARNS, District Judge.
Because Magistrate Judge Boal's determination that plaintiff Jon Duane has failed to show good cause for a late attempt to amend his Complaint is unassailable, his objection to her Order is overruled. When considerable time has elapsed between the filing of a complaint and the filing of a motion to amend, the movant at the very least has the burden of showing some valid reason for his neglect and delay. In re Lombardo, 755 F.3d 1, 3 (1st Cir. 2014); see also Steir v. Girl Scouts of the USA, 383 F.3d 7, 12 (1st Cir. 2004) ("Regardless of the context, the longer a plaintiff delays, the more likely the motion to amend will be denied, as protracted delay, with its attendant burdens on the opponent and the court, is itself a sufficient reason for the court to withhold permission to amend.
ORDER
For the foregoing reasons, Duane's objection is OVERRULED.
SO ORDERED.
Source: Leagle
