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PFEIFFER v. COUNTY

United States District Court, N.D. New York


January 30, 2004.

SHARON PFEIFFER, Plaintiff,
v.
LEWIS COUNTY, et al. Defendants

The opinion of the court was delivered by: DAVID PEEBLES, Magistrate Judge Page 2

ORDER

Currently pending before the court is an application to file a supplemental complaint to add claims arising since initiation of the action and to join an additional party defendant, the Lewis County Civil Service Commission. The Lewis County defendants have opposed the motion, based both on plaintiff's failure to comply with the deadline for amendment of pleadings and joinder of parties pursuant to the court's amended uniform pretrial scheduling order ("UPSO"), issued on March 14, 2002 (Dkt. No. 10), and on grounds of undue delay, futility, and undue prejudice. Oral argument was conducted in connection with the motion on January 28, 2004.

  Based upon the arguments of the parties, including their written submissions and in-court presentations, and upon due deliberation, incorporating herein by reference a bench decision which was issued in connection with the motion on the date of argument, it is hereby

  ORDERED as follows:

  1) The court finds good cause to extend the UPSO December 31, 2002 deadline to permit the filing of the instant motion for amendment of pleadings and joinder of additional parties, based upon the fact that the relevant events giving rise to plaintiff's additional claims occurred after that Page 3 deadline.

  2) This notwithstanding, plaintiff's application for leave to file a supplemental complaint and add an additional party is denied, based upon the procedural posture of the case, the court finding that undue prejudice would result from the late filing of the proffered supplemental complaint, given that the deadline for completion of discovery in this action is passed, and a summary judgment motion has been filed by the defendants, and further in light of the fact that this case is currently scheduled for trial in Watertown, New York on June 21, 2004 — a trial date which undoubtedly would be delayed in the event that the requested permission was granted.

  3) The clerk is directed to promptly forward copies of this order to counsel for the parties electronically and by first class mail.

20040130

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