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P.I. : Asbestos | Connecticut
Order
ORDER denying 78 Motion for Leave to Amend. Plaintiffs claim they are moving to amend "as of right." See ECF No. 78 at 1. But a plaintiff may amend a complaint once as a matter of course within twenty-one days of serving it or within twenty-one days of being served with certain types of motions under Rule 12. See Fed. R. Civ. P. 15(a)(1). All other amendments require the written consent of the opposing parties or the Court's leave. Fed. R. Civ. P. 15(a)(2). The Scheduling Order provides that motions to amend filed by August 24, 2026, will be governed by Rule 15. See ECF No. 63 at 1.Plaintiffs are unable to amend as of right, given that well more than twenty-one days have passed since the complaint was served, and no Defendant has filed a Rule 12 motion within the last twenty-one days. Thus, Plaintiffs may only amend with the opposing parties' consent or the Court's leave. Plaintiffs' motion does not represent that the opposing parties have consented to the proposed amendment, and Plaintiffs have not complied with Local Rule 7(f)'s requirements to state the opposing parties' positions on the motion. Nor do Plaintiffs analyze the relevant factors the Court must assess in deciding whether to grant leave to amend under Rule 15. See McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 200 (2d Cir. 2007) ("A district court has discretion to deny leave for good reason, including futility, bad faith, undue delay, or undue prejudice to the opposing party."). Accordingly, the motion for leave to amend is denied without prejudice to renewal, after compliance with the Federal and Local Rules of Civil Procedure. Signed by Judge Sarala V. Nagala on 8/21/2026. (IM)
Amend/Correct
MOTION to Amend/Correct Complaint and Cite in Party Defendant by Louis Tranquillo, Michelle Tranquillo.Responses due by 9/10/2026 (Attachments: # 1 Exhibit Redlined Amended Complaint, # 2 Exhibit Amended Complaint)(Liberati, Jessica)
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