Smith v. Costa Lines, Inc.
Opinion
lead Opinion
Weigel, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO AMEND COMPLAINT
On June 8,1982, plaintiff filed this diversity action seeking damages for a foot injury allegedly sustained on June 11, 1981, while a passenger aboard the vessel M.S. World Renaissance. Plaintiff initially named as defendants Costa Lines, Inc. [“Costa”], and Paquet Cruises, Inc. [“Pa-quet”]. Plaintiff now moves for leave to amend the Complaint, pursuant to Fed.R. Civ.P. 15(a), to add a new defendant, Hellenic Company Overseas Cruise Vessels S.A. [“Hellenic”], the alleged owner of the vessel. i
Fed.R.Civ.P. 15(a) permits plaintiff to “amend his pleading only by leave of court or by written consent of the adverse party.” The Court’s leave “shall be freely given when justice so requires.” Id. Leave to amend in this case is within the sound discretion of the Court, but ordinarily leave should be granted “absent a showing of bad faith by the moving party or prejudice to the opposing party.” Roberts v. Arizona Bd. of Regents, 661 F.2d 796, 798 (9th Cir. 1981).
Defendants Costa and Paquet argue that leave to amend should be denied because plaintiff’s action against Hellenic is allegedly barred by the statute of…