Ricardo Santana v. Holiday Inns, Inc., Gene Johnson, Randy Scheets, Bruce Faltin as Employees Holiday Inns, Inc.

In this diversity case, Santana appeals from a summary judgment granted in favor of Holiday Inns, Inc. and two of its employees (Holiday Inns) on the ground that the statute of limitations had run in his action for slander. He challenges the summary judgment and also argues that the district court erred in subsequently striking his motions for leave to amend the complaint and to transfer the action pursuant to 28 U.S.C. § 1406 . We conclude that the district court properly granted the motion for summary judgment and did not err in striking the motion to transfer, but did err in striking Santana’s motion for leave to amend. Therefore, we affirm in part and reverse and remand in part.

I

In April of 1978, Santana, a flight attendant, was on a layover at a Holiday Inn in Boise, Idaho. A Holiday Inn employee reported to another employee that Santana had made improper sexual advances toward him. This in turn was reported to the Holiday Inn manager, who told Santana’s flight captain. As a result of this chain of events, Santana’s employment was terminated. After arbitration proceedings, he was reinstated without back pay.

Idaho has a two-year statute of limitations for libel and…