Leave to file second amended answer after deadline is permitted
Webxchange Inc. v. Fedex Corporation, et al., C.A. No.08-133a-JJF, January 20, 2010.
Farnan, J. Defendant’s motion for leave to amend its answer is granted.
Defendant moved for leave to file a second amended answer and counterclaims to the complaint. Defendant contends the amendment is timely despite the passage of the January 10, 2009 deadline for amending pleadings, based upon its need to investigate and research the inequitable conduct claim. Defendant contends plaintiff will not suffer any prejudice. Plaintiff contends that defendant has failed to show good cause why it could not have timely amended and that one paragraph of the amendment should be denied as futile. The Court concludes that defendant has demonstrated good cause to file its second amended answer, and that the amendments could not have been made before the pleading deadline, despite Defendant's diligence. The amendment would not be futile, and there is no prejudice since no Markman hearing has taken place, no trial date has been set, and the close of discovery is tied to the issuance of a claim construction order.
