Standard of Law
The Plaintiff’s Amended Complaint: Amendments Before Trial.- Amending as a Matter of Course. A party may amend its pleading once as a matter of course within:
- 21 days after serving it, or
- if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.
- Other Amendments. In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. The court should freely give leave when justice so requires. (emphasis added).
- When an Amendment Relates Back. An amendment to a pleading relates back to the date of the original pleading when:
- the law that provides the applicable statute of limitations allows relation back;
- the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading; or (emphasis added)
Amendment of a Complaint after the Statute of Limitations
The Courts and the applicable law has long held that if the allegations of the amended claim relates back to the occurrence stated in the initial complaint, as it does here, the allegations will not be barred by the statute of limitations. Watkins & Son Pet Supplies v. Iams Co., 107 F.Supp.2d 883, 897 (S.D. Ohio 1999); Boerkoel v. Hayes Mfg. Corp. 76 F.Supp. 771, 776 (S.D. Mich. 1948); Hall v. Spencer County, Ky., 583 F.3d 930, 933-934 (6th Cir.2009); and Fed R Civ. P 15(a) (2) and (c). Further, when the Plaintiffs do not seek to state a new cause of action or add a new party; rather, they seek to amend their Complaint to “merely explain, expand or amplify” the existing claims for the occurrence, the motor vehicle incident, it is a permissible amendment. Watkins & Son Pet Supplies v. Iams Co., 107 F.Supp.2d 883,897 (S.D. Ohio 1999); Boerkoel v. Hayes Mfg. Corp. 76 F.Supp. 771, 776 (S.D. Mich. 1948); Hall v. Spencer County, Ky., 583 F.3d 930, 933-934 (6th Cir.2009); and Fed R Civ. P 15(a) (2) and (c).If the Plaintiff seeks to include a claim for punitive damages or other damages, it is not a considered a new cause of action. Regardless, when it and the other allegations in the amended complaint “relate back” to the same occurrence, they are permissible amendments. Payne v. A.O. Smith Corp., 578 F.Supp. 733 (S.D. Ohio 1983); Cohen v. Bucey, 158 Ohio St. 159, 168 (1952); Watkins & Son Pet Supplies v. Iams Co., 107 F.Supp.2d 883, 897 (S.D. Ohio 1999); Hall v. Spencer County, Ky., 583 F.3d 930, 933-934 (6th Cir.2009); and Fed R Civ. P 15(a) (2) and (c).
Even a new legal theory after the statute of limitations in an amended complaint that is “substantially more sophisticated than the original complaint” is proper if it evolves from the same occurrence. Hall v. Spencer County, Ky., 583 F.3d 930, 934 (6th Cir.2009). In considering whether to allow an amendment, the Court may consider any undue delay, lack of notice, bad faith by the moving party, repeated failure to cure deficiencies by previous amendments, undue prejudice to the opposing party, and futility of amendments. Coe, 161 F. 3d at 341. If these factors are not present, leave to amend should be “freely given.” Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 9. L. Ed. 2d 222 (1962). Arguments that the lack of bad faith, undue prejudice, and undue delay do not exist could include the following reasons:- The deadline for filing motions to amending the pleadings has NOT passed;
- The Complaint was filed only short period before;
- The new counsel for Plaintiff has only been involved in the matter since last month;
- Defendants have complete access and knowledge of their conduct in this matter, but Plaintiffs have very limited personal knowledge of the respective Defendants conduct in the matter;
- Little if any discovery was performed to date;
- The case deadlines for Discovery Deadlines and Expert Disclosures has not passed.
- The amendment will “merely explain, expand or amplify” the existing claims for the occurrence, the motor vehicle incident; and
- The amendment will include a claim for punitive damages or other damages;
