Rossi v. Technogym USA Corp

Background

Christopher Rossi moved under Federal Rule of Civil Procedure 15(a) for permission to file a second amended complaint. Technogym USA Corp filed a statement of non-opposition. The court decided the matter without oral argument and vacated the scheduled September 26, 2024 hearing.

Legal standard

The court explained that, outside the circumstances allowing amendment as a matter of course, a party may amend a pleading only with the opposing party’s written consent or the court’s permission. In deciding whether to grant permission, courts consider bad faith, delay, prejudice to the opposing party, whether the amendment would be futile, and whether the plaintiff previously amended the complaint. The court noted that this standard is applied liberally, with inferences generally drawn in favor of allowing amendment.

Ruling

After considering those factors and Technogym’s non-opposition, the court found good cause and granted Rossi leave to file a second amended complaint. Rossi must file it within 10 days after receiving admissible evidence from Technogym identifying the Employee Retirement Income Security Act-governed defined-contribution plans sponsored by Technogym and the plan administrator for each plan. The amendment may add those parties as defendants only as to Rossi’s fourth cause of action for breach of fiduciary duty under the Employee Retirement Income Security Act.

The order granted the motion for leave to amend; it did not decide the merits of Rossi’s fiduciary-duty claim.