Evans and Kearn River Gas Transmission Co. v B & E Pace Investment LLC et al.

Evans and Kearn River appealed the denial of their motions to amend their complaints. The panel reversed holding it was reasonable in the circumstances of this case to bring their motions near the deadline for fact discovery and the amendments were based on facts learned in depositions in the months preceding the motion and one omnibus motion is a permissible way to proceed, there was no trial date and discovery was ongoing, any need for the defendants to develop factual defenses to the new claims can be provided by tailored extensions of deadlines, and Evan and Kearn River acted in good faith by participating in mediation towards settlement and extending professional courtesy to the defendants’ attorneys and only made the motion after learning the factual basis for the claims.