United States District Court, N.D. New York
January 30, 2004.
SHARON PFEIFFER, Plaintiff,
LEWIS COUNTY, et al. Defendants
The opinion of the court was delivered by: DAVID PEEBLES, Magistrate Judge Page 2
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
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.
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