United States District Court, W.D. Arkansas, Texarkana Division
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
JAMES R. MARSCHEWSKI, Chief Magistrate Judge.
Plaintiff Laney Harris filed this case pro se on December 15, 2011. ECF No. 1. Now before the Court is Plaintiff's Motion for Leave of Court to File Second Amended Complaint. ECF No. 37. Defendants did not respond.
Pursuant to the provisions of 28 U.S.C. § 636(b)(1) and (3)(2011), the Honorable Susan O. Hickey, United States District Judge, referred this motion to the undersigned for the purpose of making a Report and Recommendation. After careful consideration, the undersigned makes the following Report and Recommendation.
Plaintiff filed his original Complaint on December 15, 2011. ECF No. 1. On December 29, 2011, Plaintiff filed his Amended Complaint. ECF No. 3. As Plaintiff proceeds pro se, the Court ordered service on Defendants Chad Dowd, Richard V. Hall, Jr., Elizabeth J. Hicks, Sue Johnson, James Mike Jones, N. Wayne Smith, N. Wayne Smith (mayor), City of Texarkana Arkansas, Clinton S. Thomas, and Londell Williams on December 29, 2011. Defendants filed an Answer to Plaintiff's Amended Complaint on January 17, 2012. ECF No. 14.
The parties filed their Joint Report of Rule 26(f) Planning Meeting on January 16, 2014. ECF No. 38. The Court then entered a Final Scheduling Order on January 22, 2014 scheduling a bench trial in this matter for September 29, 2014 and ECF No. 39.
Pursuant to the Final Scheduling Order, all motions to amend pleadings or join parties were to be filed sixty (60) days before the close of discovery and the discovery deadline was June 1, 2014. ECF No. 39.
II. APPLICABLE LAW
Rule 15 of the Federal Rules of Civil Procedure governs amended pleadings. Rule 15(a) provides in pertinent part:
(1) Amending as a Matter of Course . A party may amend its pleading once as a matter of course within: (A) 21 days after serving it, or (B) 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.
(2) 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.
Fed. R. Civ. P. 15(a).
Although leave to amend is to be freely granted under Rule 15(a), the Court has discretion whether or not to grant leave to amend. Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330-32 (1971). Factors to consider in determining whether leave to amend should be granted include but are not limited to: (1) whether the motion was filed in bad faith or with dilatory motive; (2) whether the motion was filed with undue delay; (3) whether leave to amend would be unduly prejudicial to the opposing parties; and (4) whether the proposed amendment would be futile. See Bell v. Allstate Life Ins. Co., 160 ...