By: WISCONSIN LAW JOURNAL STAFF//March 8, 2011//
Civil Procedure
Pleadings; amendment
Where the trial would need to be adjourned and discovery conducted, it was not an abuse of discretion to deny a mid-trial motion to amend the pleadings.
“Clearly, the district court was well within its discretion to deny Aldridge’s motion for leave to file an amended complaint because defendants did not consent to add this theory of liability and they were not proceeding as such. Further, the amendment would have added a new theory of liability to the case at the late stage of the proceedings. The amendment would have required reopening discovery and postponing the trial. Moreover, Aldridge could have brought this new theory of liability much sooner than during the trial. In sum, the district court’s denial of Aldridge’s motion for leave to amend was justified; therefore, we find no abuse of discretion.”
Affirmed.
10-2193 Aldridge v. Forest River, Inc.
Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Herndon, J.