Berkman Henoch Obtains Court Decision on Behalf of The Town of Hempstead
Berkman Henoch partners, Joseph E. Macy, Donna A. Napolitano, and Associate, Kaitlyn Costello defeated plaintiff’s motion to amend his federal civil rights complaint in a decision issued by Senior District Judge Arthur D. Spatt. Judge Spatt denied plaintiff’s motion on the grounds that he failed to show good cause, pursuant to FRCP Rule 16(b), when filing his untimely motion. The Judge opined that plaintiff’s repeated inability to keep track of court deadlines enhanced Defendant Town’s claim that plaintiff lacked good cause. Further, his proposed amendments rested on information he knew or should have known in advance of the court’s deadline. Thus, plaintiff did not act with sufficient diligence.