Akhmed Gadzhievich v. Herman Gref

Background

The plaintiff requested permission under Federal Rule of Civil Procedure 15(a) to file a third amended complaint adding the Russian Federation as a defendant. The defendants opposed the request and asked for additional time to prepare a more complete response. They also requested oral argument on their motion to dismiss.

Reasoning

Rule 15(a) allows courts to deny amendment for good reason, including undue delay, prejudice, bad faith, or futility. The court determined that the plaintiff sought amendment more than ten months after the defendants filed their motions to dismiss and almost six months after briefing on those motions was completed. The plaintiff offered no explanation for the delay and stated that the proposed amendment would allege no new facts. The defendants argued that the amendment would significantly delay resolution of the dispute.

The court found that allowing the amendment would cause undue delay and prejudice the defendants. It also stated that the amendment might ultimately prove futile depending on the court’s resolution of the defendants’ motions to dismiss. The court said it would address the plaintiff’s ability to make any potential amendments in its order resolving those motions.

Disposition

Judge Analisa Torres denied the plaintiff’s request to file a third amended complaint. The court also denied Herman Gref and Sberbank of Russia PJSC’s request for oral argument on their motion to dismiss. The clerk was directed to terminate the motions at ECF Nos. 90 and 91.