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Urban Box Office Network Inc. v. Interfase Managers LP, 01 Civ. 8854

Discovery Requirements to Add Defendants, Claims To Contract Breach Action Are Not Prejudicial

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Judge Katz

URBAN BOX OFFICE NETWORK, INC. v. INTERFASE MANAGERS, L.P. — This breach of contract action was referred to this Court for general pretrial supervision, by the Hon. Laura T. Swain, United States District Judge. Presently before the Court is a letter- application by Plaintiff, Urban Box Office Network, Inc., to amend the Complaint to add three additional defendants — Full Cry Partners, LP; Full Cry Management, LC; and Interfase Capital Managers, LP — who are alleged to be associated with Defendant Scott Hyten (“Hyten”), and three additional causes of action for breach of warranty, negligent misrepresentation, and promissory estoppel. Defendants oppose the application, arguing that it is untimely, because it comes months after the agreed upon deadline for amendments of the pleadings, and prejudicial, because it would require substantial additional discovery and expense to the parties. (See Letter from Duffy Doyle Keever, Esq., dated Sept. 13, 2004 (“Keever Ltr.”).) For the reasons that follow, the application is granted.

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