Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

Case 1:07-cv-00426-GMS

Document 36

Filed 06/06/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ____________________________________ ) KENNETH J. MARINO, ) ) Plaintiff, ) ) C.A. No. 07-426 GMS v. ) ) CROSS COUNTRY BANK, and ) APPLIED CARD SYSTEMS, INC., ) ) Defendants. ) ____________________________________)

ORDER At Wilmington, this 6th day of June, 2008, after having reviewed and duly considered the plaintiff's Motion to Amend the Complaint; IT IS ORDERED that the Motion to Amend (D.I. 22) is DENIED. Pursuant to Federal Rule of Civil Procedure 15, leave to amend should be "freely given when justice so requires." Fed. R. Civ. P. 15(a). The court has discretion to deny leave to amend when there exists undue delay, bad faith, dilatory motive or undue prejudice to the opposing party, or when the amendment would be futile. See Foman v. Davis, 371 U.S. 178, 182 (1962); In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d Cir. 1997). In the present case, the court concludes that the plaintiff's proposed amendment would be futile.

/s/ Gregory M. Sleet CHIEF, UNITED STATES DISTRICT JUDGE