Federal Judiciary

E.D.N.Y. Notes Split Re Whether Motions to Amend Are Dispositive or Nondispositive

By A. Benjamin Spencer

Courts in this Circuit are divided on the issue of whether, and under what circumstances, motions to amend a pleading are dispositive or nondispositive. The Second Circuit has not yet ruled on the issue, see Children First Found., Inc. v. Martinez, No. 1:04-CV-0927 (NPM), 2007 WL 4618524, at *4 (N.D.N.Y Dec. 27, 2007) (citing Rubin v. Valicenti Advisory Servs., 471 F.Supp.2d 329, 333 (W.D.N.Y.2007)), but has stated in dictum and in an unpublished opinion that motions to amend are nondispositive and has suggested that the procedures of Rule 72(a) invariably apply. See Fielding v. Tollaksen, 510 F.3d 175, 178 (2d Cir.2007) (indicating that a motion to amend the complaint is ?nondispositive? and governed by Fed.R.Civ.P. 72(a)); Kilcullen v. New York State Dep't of Transp., 55 Fed. Appx. 583, 584 (2d. Cir.2003) (analyzing a magistrate judge's decision to deny a Rule 15(a) motion to add a claim to the complaint under the Rule 72(a) standard). In addition, several district courts, opining that ?the weight of authority? within this Circuit classifies a motion to amend a pleading as nondispositive, have automatically applied Rule 72(a) standards to motions to amend, even in cases where the magistrate judge's decision on the motions foreclosed a party from asserting potential claims. See, e.g., Lyondell-Citgo Refining, L.P. v. Petroleos de Venezuela, S.A., No. 02 Civ. 0795(CBM), 2005 WL 883485, at *3 (S.D.N.Y. Apr. 14, 2005); Credit Suisse First Boston LLC v. Couer D'Alene Mines Corp., No. 03 Civ. 9547(PKL)(MHD), 2005 WL 323714, at *3 (S.D.N.Y. Feb. 10, 2005).

Full post as published by Split Circuits on May 05, 2008 (boomark / email).