Briskin v. Shopify Inc.

Background

The court considered three motions: Shopify Inc.’s motion to dismiss, Shopify USA Inc.’s motion to dismiss, and Brandon Briskin’s motion for leave to file a second amended complaint. A motion for leave to amend asks permission to replace an existing pleading with an amended version.

Under Federal Rule of Civil Procedure 15, courts generally allow amendment unless factors such as bad faith, undue delay, prejudice to the opposing party, or futility weigh against it. The defendants argued that all four factors supported denying Briskin permission to amend.

Court’s Analysis

The court disagreed. It found that the case remained in its infancy. Briskin sought amendment before merits discovery, before the court set deadlines, and before the court resolved the defendants’ first motions to dismiss. The court concluded that these circumstances showed the defendants would not be prejudiced. It also reasoned that, if the second amended complaint was defective, the defendants could update and refile their arguments seeking dismissal.

Ruling and Effect

Judge Phyllis J. Hamilton granted Briskin’s motion for leave to file a second amended complaint. Because the defendants’ motions to dismiss responded to the first amended complaint, the court terminated those motions rather than ruling on their merits. Briskin was ordered to file the second amended complaint as a standalone document no later than January 25, 2022. The opinion does not decide whether the claims in either complaint are legally sufficient.