Fraud count is amended with particulars in copyright/employment case
Le T. Le v. City of Wilmington, et al., Civ. No.08-615-LPS, July 12, 2010.
Stark, M. J. Defendant’s motion to amend the answer to allege with greater particularity Defendant’s fraud claim is granted.
The disputed Work is software created during the time plaintiff was employed by the City. Defendant located during discovery copyright marks referencing copyrights belonging to Defendant in the disputed software. Defendant claims Plaintiff substituted those marks with marks bearing Plaintiff’s name and then registered the copyright without disclosing the prior copyright marks. Plaintiff opposed the amendment as untimely. The court finds that plaintiff has not unduly delayed and finds no bad faith or dilatory motives. Furthermore, plaintiff has not shown prejudice and does not contend futility.
