David v. Wasatch County Utah
2:24-cv-00215
D. UtahMay 28, 2025Background
- Plaintiff Lynn David sued Wasatch County, Utah, and county officials, alleging they tolerated illegal boulder extraction next to his property and retaliated against him for reporting it.
- Claims include violations of free speech rights, civil conspiracy, retaliation, and seeking declaratory judgment.
- David moved to amend his complaint to add new factual allegations discovered in depositions and to seek punitive damages.
- Defendants opposed the amendment, asserting undue delay, prejudice, and futility regarding the punitive damages claim.
- The motion was filed within the pre-established deadline for amending pleadings and while discovery was still ongoing.
- The case is before the United States District Court for the District of Utah, Magistrate Judge Daphne A. Oberg presiding over this motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Undue Delay | Motion timely; new facts learned in discovery | Knew key facts earlier, could have amended sooner | No undue delay: new facts justify timing; motion was timely |
| Undue Prejudice | Same subject matter; discovery still open | More claims to defend; alters litigation strategy and increases costs | No undue prejudice: facts overlap and time to respond |
| Futility of Amendment (Punitive) | Allegations based on recent discovery support new claim | No evidence of evil motive or reckless indifference; claim would be dismissed | Futility not shown at pleading stage; can address later |
| Other Grounds to Deny Amendment | No bad faith, dilatory motive, or repeated failed attempts | Not argued | No other grounds; amendment allowed |
Key Cases Cited
- Minter v. Prime Equip. Co., 451 F.3d 1196 (10th Cir. 2006) (explains Rule 15’s liberal standard for amendments; undue delay and prejudice factors)
- Bylin v. Billings, 568 F.3d 1224 (10th Cir. 2009) (grounds for denying leave to amend)
- Anderson v. Suiters, 499 F.3d 1228 (10th Cir. 2007) (futility standard for amendment)
- McKnight v. Kimberly Clark Corp., 149 F.3d 1125 (10th Cir. 1998) (affirming denial where plaintiff had all facts earlier)
