LRN Corporation v. Markel Insurance Company

Background

On February 1, 2021, Markel Insurance Company filed a motion to dismiss. The opinion does not describe the underlying claims or the arguments in that motion.

Order

Under Rule 3.F of the court’s Individual Practices in Civil Cases, LRN must notify the court and the defendants in writing by February 11, 2021, whether it intends to file an amended pleading and when it will do so, or whether it will rely on the pleading challenged by Markel’s motion.

The court warned that declining to amend in a timely response to a fully briefed argument in Markel’s motion may waive LRN’s right to use the amendment process to cure defects made apparent by the motion’s briefing. The order cited a prior appellate decision discussing grounds that can support denying leave to amend, including undue delay, bad faith, dilatory motive, and futility.

If LRN amends, Markel may file an answer, file a new motion to dismiss, or submit a letter stating that it will rely on its original motion. The order states that it does not change the deadlines for amending, answering, or moving under the Federal Rules of Civil Procedure or the Local Rules.

Disposition

Judge Alison J. Nathan issued a case-management order requiring LRN to state whether it will amend its pleading or rely on its existing pleading. The order did not grant or deny Markel’s motion to dismiss and did not decide the merits of the parties’ dispute.