Bad Faith or Dilatory Motive Sample Clauses

Bad Faith or Dilatory Motive. The defendants assert that the plaintiff is using amendment merely to gain a procedural advantage. (Def. Memo. at 9-10). “[T]he fact that a party may have had evidence to support a proposed amendment earlier in the litigation does not, in itself, give rise to an inference of bad faith.” Xxxxxxxx Foundation x. Xxxxxx, No. 00 Civ. 1172, 2002 WL 32862, at *3 (S.D.N.Y. Jan. 11, 2002). Nevertheless, “the Court may deny a motion to amend when the movant knew or should have known of the facts upon which the amendment is based when the original pleading was filed, particularly when the movant offers no excuse for the delay.” Lyondell-Citgo Refining, LP v. Petroleos, No. 02 Civ. 795, 2004 WL 2650884, at *2 (S.D.N.Y. Nov. 22, 2004) (quoting Xxxxxx x. Xxxxx, 986 F. Supp. 195, 217 (S.D.N.Y. 1997)). The plaintiff was unrepresented when he filed the original compliant. As noted, he assumed the case would hinge on whether the Xxxxxx contract was modified, and only after the deposition of Xx. Xxxxxx did the plaintiff realize that the defendants would assert that there is no valid agreement governing the dispute. Although that assumption was legally unsound, it does not suggest that this amendment is sought in bad faith or merely to delay the resolution of this action.