The Third Circuit Court of Appeals ruled that the trial court did not abuse its discretion by denying plaintiffs request to amend his complaint under FRCP 15 because of his delay in requesting relief. In Bjorgung v. Whitetail Resort,LP, 550 F3 363 (3rd Cir. 2008) plaintiff, who had been injured in a skiing accident, was advised by defendant shortly after service of summons that he had sued the wrong entities. He took no action and did not request leave to name the proper defendants until a motion for summary judgment was filed three and one half years later. In ruling that the court correctly denied leave to amend, the Court of Appeals said:
“Bjorgung had a straightforward, but very necessary, job to do. He had to correct his complaint and begin to sue the proper entities. The defendants placed him immediately on notice of his error. And yet he waited over three years and allowed the District Court to reach the brink of ruling dispositively on the entire suit before he undertook to fulfill his responsibility. To allow amendment at that point might send the court through a substantial period of additional discovery and motions. We find a considerable potential burden in this, one that would warrant denial of a considerable potential burden in this, one that would warrant denial of leave to amend under Rule 15 and cureton unless Bjorgung produced a persuasive explanation for his delay. 550 Fd at 267”