159 F.R.D. 26 | M.D. La. | 1994
RULING ON MOTION TO AMEND THE COMPLAINT
This matter is before the court on a motion by the plaintiffs for leave to supplement and amend their complaint. The motion is opposed by the defendant, Exxon Corporation.
Pursuant to Rule 15(a), Fed.R.Civ.P., the plaintiffs filed a motion to amend their complaint to assert a claim for punitive damages under Louisiana Civil Code Article 2315.3. Plaintiffs filed the motion for leave to amend shortly after the Louisiana Supreme Court’s decision in Billiot v. B.P. Oil Company, 645 So.2d 604 (La.1994), but before the court ruled on the defendant’s motion for summary judgment.
Plaintiffs also contended that the defendant will not be unduly prejudiced by the amendment. Plaintiffs asserted that discovery is not yet complete, that a pretrial conference has not been scheduled, and that the hazardous or toxic nature of the waste water can be easily determined through discovery. Plaintiffs maintained that the amendment only seeks additional damages arising out of facts and circumstances alleged in the original negligence action, and that the award of various elements of damages will be based on a determination of negligence. Finally, the plaintiffs submitted that to recover punitive damages they still must show that the defendant was negligent, and that punitive damages “will be awarded or denied based on the original assertion by Plaintiffs that Exxon was negligent in its actions of February 9, 1993.”
Exxon contended that given the plaintiffs’ statement in the initial status report, the plaintiffs’ delay in bringing the amendment was unnecessary and is only an attempt to undo the court’s summary judgment ruling. Exxon also argued that it will be prejudiced because it has conducted its discovery, complied with the court’s deadlines and prevailed on its motion for summary judgment, and if the amendment is allowed discovery must be reopened. Additionally, Exxon maintained that to permit the plaintiffs to amend would be futile because the “law of the case” as established by the court’s summary judgment ruling is that the plaintiff was engaged in the collection and transportation of nontoxic and non-hazardous waste water. The basis for this argument was that the plaintiffs failed to oppose the undisputed facts as set forth in its motion for summary judgment and one of those facts was that the waste water was not hazardous or toxic.
Rule 15(a) states that leave to amend shall be freely given when justice so requires. However, leave to amend is not
Exxon’s delay and prejudice arguments are unpersuasive. It was not until Billiot was decided that the plaintiffs knew that a claim for damages under Art. 2315.3 was available whether or not Exxon prevailed on its statutory employer defense. Also, once Exxon advised of its intention to assert the defense, the court ordered that discovery concentrate on matters relevant to that issue. Record document number 5. Exxon’s “law of the case” argument is also incorrect and unpersuasive. Law of the case does not apply in this instance.
Nevertheless, the plaintiffs’ motion to amend to add a claim for punitive damages should not be granted. Assuming Billiot remains the law and the plaintiff could prove the waste water was hazardous or toxic,
Plaintiffs also argued in their memorandum that they are merely seeking to recover an additional element of damages based on their original claim that Exxon was negligent. Plaintiffs’ assertion is without merit. Exemplary damages under Art.
Plaintiffs indicated a need for discovery on the issue of the hazardous or toxic nature of the waste water, but did not indicate that discovery on any other matters was necessary if the punitive damages claim was allowed to go forward. Based on the summary judgment record all the facts surrounding the accident have already been discovered. In these circumstances it would be futile to allow the plaintiffs an opportunity to file another proposed amended complaint since the fully-developed facts regarding the accident clearly show that there would not be a factual basis to support a properly alleged Art. 2315.3 claim.
Accordingly, the motion by the plaintiffs for leave to supplement and amend the complaint is denied.
. The court ordered this motion noticed for hearing and the filing of a supporting memorandum. Record document number 31. The defendant's motion for summary judgment based on the statutory employer defense was granted on November 9, 1994. Record document number 33.
. Record document number 32. Plaintiffs' memorandum in support, page 6.
. See, Royal Insurance Co. v. Quinn-L Capital Corp., 3 F.3d 877, 880 (5th Cir. 1993), cert. denied, -U.S.-, 114 S.Ct. 1541, 128 L.Ed.2d 193 (1994); Reid v. Rolling Fork, 979 F.2d 1084, 1087 (5th Cir. 1992).
. Plaintiffs did not even allege that the waste water involved was a hazardous or toxic substance within the meaning of Art. 2315.3. In their amendment the plaintiffs alleged that "chemical waste" was being pumped into the truck. The only mention of hazardous or toxic substances was in paragraph 10 which is merely a conclusoiy statement that the defendant was liable under Art. 2315.3.
. See also, Wiltz v. Mobile Oil Exploration & Producing N. Am., 702 F.Supp. 607, 608 (W.D.La.1989).