Han v. Financial Supervisory Service

Background

Karen C. Han, proceeding without a lawyer, requested a pre-motion conference regarding her anticipated request to amend her complaint. She sought to add a defendant and additional claims. The Financial Supervisory Service opposed the request because its motion to dismiss was already pending.

Court’s analysis

Federal Rule of Civil Procedure 15(a) generally directs courts to freely allow amendments when justice requires. The court explained that leave to amend is generally appropriate absent undue delay, bad faith, undue prejudice to the opposing party, or futile amendments—that is, amendments that would still fail as a matter of law.

When a plaintiff seeks to amend while a motion to dismiss is pending, the court may either decide the pending motion or deny it as moot and evaluate the amended pleading later. The court chose the latter approach because Han sought to add a defendant and claims connected to allegations that the Financial Supervisory Service had not addressed in its motion to dismiss. The court also found no undue delay or bad faith and concluded that any prejudice to the defendant at this early stage would be minimal.

The court declined to conduct a detailed analysis of whether the proposed amendments would be futile. It stated that those arguments were better considered in connection with a motion to dismiss the amended complaint. The court warned that it would be reluctant to allow further amendment if the defendant successfully moved to dismiss the First Amended Complaint.

Disposition

The court denied Han’s request for a pre-motion conference, granted Han leave to amend, and denied the Financial Supervisory Service’s motion to dismiss as moot. Han was ordered to file the First Amended Complaint on or before March 24, 2025. The defendant may submit a required pre-motion letter if it wishes to move to dismiss the amended complaint. The Clerk of Court was requested to terminate docket entry 36 as moot.