Joyce v. Remark Holdings, Inc.
- Denise Cote
- 1:19-cv-06244
- U.S. District Court · Southern District of New York
- 2
In Joyce v. Remark Holdings, Judge Nathan granted Joyce leave to add Bikini.com LLC as a defendant.
Danielle Joyce may add Bikini.com LLC as a defendant; the existing defendants were not found to have opposed the amendment.
What happened
In Joyce v. Remark Holdings, Inc., Danielle Joyce asked to amend her complaint to add Bikini.com LLC as a defendant. The defendants did not oppose the request.
The court found that the case was still in the early stages of discovery and that the amendment did not add substantially new ground. It also noted that Bikini.com LLC’s president and parent company were already defendants.
Judge Alison J. Nathan granted Joyce leave to file the proposed amended complaint and ordered it filed within seven days of the order.
The detailed version
- Joyce v. Remark Holdings, Inc. · No. 1:19-cv-06244
- Denise Cote
- Dec. 20, 2019
Background
Danielle Joyce moved for permission to file an amended complaint adding Bikini.com LLC as a defendant. The court had previously set a deadline allowing motions to amend pleadings within 30 days of its case-management order. Joyce filed the motion on November 29, 2019. The defendants did not oppose it.
Legal standard
Under Federal Rule of Civil Procedure 15(a)(2), courts should freely allow amendments when justice requires, unless the amendment was unduly delayed, made in bad faith, would unfairly harm the opposing party, or would be futile because it could not support a viable claim.
Court’s reasoning
The court concluded that those concerns were not present. The case was still in the early stages of discovery, and the proposed amendment did not add substantially new ground. The court also noted that Bikini.com LLC’s president and parent company were already defendants in the action.
Ruling
Judge Alison J. Nathan granted Plaintiff’s leave to file the proposed amended complaint. The court ordered Plaintiff to file it within seven days of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.