Delay in bringing a motion for leave to amend a complaint does not necessarily mean bad faith. Without bad faith delaying the motion for leave to amend, there is no denial, a Magistrate Judge in the Eastern District of New York reminded practitioners in Wang v. Tesla, Inc., 20-CV-3040-NGG-SJB, 2021 WL 3160795 (E.D.N.Y. July 26, 2021) (Bulsara, USMJ).
The plaintiffs sued Tesla in that case over an accident involving their Tesla automobile. Specifically, they alleged that they were using the Autopilot feature on their Tesla at the time of their accident.
They wanted to add a specific allegation that their insurance carrier assigned all its subrogation rights to them. The amendment was allowed with this concise conclusion: "But Plaintiffs may add one factual paragraph regarding the assignment of their insurer's subrogation rights. Plaintiffs shall file a Second Amended Complaint that complies with this Order by August 2, 2021." Wang, 2021 WL 3160795, at *12.
The Court in that case denied another request to amend the complaint, this one to allow the matter to proceed as a class action. The amendment was denied, but because it would be futile in the eyes of the Magistrate Judge, and not because it was brought in bad faith. Wang, 2021 WL 3160795, at *12.
Please read the disclaimer. ©2021 Dennis J. Wall. All rights reserved.
Comments