Hairston v. Royal Bldg. Prods.

In this race discrimination case, it’s too late for the plaintiff to amend his complaint to add class claims for pay discrimination.

The trial in this case is currently scheduled to begin just over three months from now. The addition of the proposed class claims would necessitate cancelling the trial and reopening discovery for additional months while the parties explored facts relevant to the defendant’s other locations and hundreds of additional employees. The plaintiff has indicated that he intends to retain an expert witness to analyze statistical data, which would likely lead the defendant to identify a counter-expert, both of whom would have to be deposed and would likely be the subject of motions in limine. Because of the court’s full calendar, the trial may have to be delayed for a year or more. I find that allowing the proposed amendment at this time would therefore unfairly prejudice the defendant and would not promote the interests of justice.

Motion to amend complaint denied.

Hairston v. Royal Bldg. Prods., No. 1:18cv3, Jan. 30, 2019. WDVA at Abingdon (Jones).



Categories: Opinions, U.S. District Court - Western District of Virginia

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