Daniels v. Carpenter1/28/2003
15(a) motion is whether the amendment will prejudice the other party. Rose, 576 P.2d at 459.
[ ] In the absence of undue delay, bad faith, dilatory motive, or undue prejudice to the opposing party, leave to amend a pleading should liberally be granted. Beaudoin v. Taylor, 492 P.2d 966, 970 (Wyo. 1972) (quoting Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962)). The movant has the responsibility to produce the evidence that clearly shows an abuse of discretion. Dynan v. Rocky Mountain Federal Sav. and Loan, 792 P.2d 631, 640 (Wyo. 1990).
[ ] Upon hearing that the district court intended to grant the appellees' motion to dismiss, appellant's counsel orally moved for leave to amend the complaint. As justification for such an amendment, c counsel presented the following arguments:
[APPELLANT'S COUNSEL]: Yes, sir. Your Honor, the problem that exists is: When we got this case, it had been with an attorney up there in Powell for about four years, and it was - the statute of limitations has now run. So if we're not allowed to amend, this case would be, for all intent and purpose, over.
[APPELLANT'S COUNSEL]: . . . It would be our contention that they knew or should have known that alcohol was being consumed by those children. And what I will do and what I intend [to] do is go back to my client, who was one of the few people who survived that party that night, and I will very specifically ask him where - what's going on with the alcohol. When we have talked to him about it in the past, he's been unable to tell us, probably because he's trying to protect someone.
But I would not refile this with the facts that we have. I would not even amend. But if we have facts that support - now that I understand the Court's ruling - that the Carpenters were either privy to alcohol being given out, or, consistent with some of the case law I've given you, had alcohol available to the children, then we would most certainly come back and amend the complaint in that situation.
And, Your Honor, I think that time their duty would arise out of the fact that they knew or should have known that those children were drinking, and I think they do have a duty to control that if they have guests at their house that are minors.
[ ] The district court considered these arguments, and the appellees' response thereto, and then orally denied the motion for leave to amend. First, the district court concluded that the appellees' contentions as to a lack of duty continued to be correct. Second, the district c court found that the motion was not timely. The district court noted that the complaint had been filed on June 28, 2001, and the motion to dismiss had been filed on August 22, 2001. The hearing took place on September 24, 2001. The appellant had three months after the filing of the complaint, and one month after the filing of the motion, during which he could have made some attempt to correct any deficiencies in the filed complaint. Apparently, no effort was made to do so. The district court noted that, normally, a motion for leave to amend is accompanied by a copy of the proposed amended pleading.
[ ] There is little guidance within W.R.C.P. 15(a), itself, to aid the district court in its exercise of discretion when a motion to amend the pleadings is made. In interpreting the phrase, "when justice so requires," this Court has focused on two concepts: first, whether the movant has been guilty of bad faith or dilatory motive, or similar conduct, and, second, whether the amendment will unduly prejudice the opposing party. In re Paternity of IC, 941 P.2d 46, 50 (Wyo. 1997) (quoting Hernandez v. Gilveli, 626 P.2d 74, 77 (Wyo. 1981)); Johnson, 608 P.2d at 13
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