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David v. Wasatch County Utah
2:24-cv-00215
D. Utah
May 28, 2025
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Background

  • 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)
Read the full case

Case Details

Case Name: David v. Wasatch County Utah
Court Name: District Court, D. Utah
Date Published: May 28, 2025
Docket Number: 2:24-cv-00215
Court Abbreviation: D. Utah