Plaintiff filed action alleging fraud, fraudulent inducement, promissory estoppel and intentional infliction of emotional distress arising out of defendant’s hiring of petitioner for new position under assurances that defendant’s company was financially secure, but then terminating plaintiff one week later for purported financial reasons. During pendency of defendant’s motion to dismiss, plaintiff filed motion to amend complaint to add new facts to support existing claims. Dist. Ct. denied plaintiff’s motion as moot, where it had also denied defendant’s motion to dismiss. During pendency of defendant’s motion for summary judgment, plaintiff in footnote in her response sought to add new claim. Dist. Ct. denied plaintiff’s motion to amend and granted defendant’s motion for summary judgment. Dist. Ct. could properly find that plaintiff’s first motion to amend was moot, where she could proceed on her existing claims without new facts, and where defendant’s motion to dismiss was denied. Plaintiff also failed to renew said motion, although Dist. Ct. gave her 30 days to do so. Moreover, Dist. Ct. could properly deny plaintiff's second motion to amend during pendency of motion for summary judgment, where it was too late to add new claim that alleged different fraud than was alleged in existing complaint, even though plaintiff asserted that facts contained in her proposed first motion to amend would have supported new claim.
Federal 7th Circuit Court
Civil Court
Civil Procedure