Court Denies Motion to Amend Complaint to Allege Spoliation Based Upon Failure to Preserve Dashboard Camera Made After Amendment Deadline.

Marshall Dennehey

Ortiz v. Stevenson, 2023 WL 6619674, No. 21-cv-17066 (EP) (ESK) (D. N.J. Oct. 11, 2023)

The present issue involves a plaintiff’s attempt to amend the complaint to allege spoliation of a dashboard camera. The plaintiff was well past the time to amend without leave of the court. While the dashboard camera could have provided newly-discovered information warranting amended pleadings, defense counsel successfully argued that the plaintiff’s failure to raise this issue to the court for eleven months after learning of the issue—during the defendant’s deposition—was without excuse. The court denied the plaintiff’s request to amend the complaint to add the spoliation charge.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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