Opinion
02 CV 3206 (WK)
October 17, 2002
ORDER
This action was commenced on April 25, 2002. Plaintiff M.H. Segan Limited Partnership ("Segan") accuses Defendant Trendmasters, Inc. ("Trendmasters") of selling infringing products in the United States. On June 4, 2002, Defendant Trendmasters, Inc. filed its answer to Segan's original complaint. On October 17, Segan moved for leave to amend its complaint to add new party defendants pursuant to Rules 15(a) and 20(a), FED. R. CIV. P.
Once a responsive pleading has been served, a party may amend its pleading only by leave of court or by written consent of the adverse party. FED. R. CIV. P. 15(a). Segan alleges that discovery responses recently pro vided by Trendmasters reveal that the proposed new defendants ("New Defendants") manufacture the accused products for Trendmasters and thus also infringe Segan's patent. Segan's proposed amended complaint asserts against the New Defendants "the same causes of action as are asserted against Trendmasters, involving substantially the same questions of law or fact, `arising out of the same transaction, occurrence, or series of transactions or occurrences' in conformance with FED. R. CIV. P. 20(a)." (Pl.'s Mot. to Amend its Compl. to Add New Party Defs. at 2). Moreover, Segan avers that the parties agreed to a schedule which permitted the addition of new parties up to and including October 17, 2002. (Pl.'s Mot to Amend its Compl. to Add New Party Defs. at 2).
We give leave freely when justice so requires. FED. R. CIV. P. 15(a). We see no reason why Plaintiff's motion should be denied; neither Segan nor the New Defendants will be subject to any prejudice, as discovery has only recently begun. Permitting the joinder of New Defendants serves the interest of judicial economy. Plaintiff's motion to amend its complaint to add new party defendants is GRANTED.
SO ORDERED.