Plaintiff Andrew Alamillo Rodriguez moves the Court for leave to file a Second Amended Complaint. He states three reasons for seeking leave:

He wants to remove certain Defendants from certain Causes of Action;He wants to add certain Defendants to his Cause of Action for Failure to Provide Workers Compensation Insurance; andHe wants to “clarify” the allegations supporting his claims for punitive damages.



This case was filed on October 9, 2013; trial is scheduled for October 1, 2018 – nine days before the five-year mark. There is no margin in which to continue trial and, despite Plaintiff’s contention that delay alone is not a reason to deny leave to amend, delay coupled with prejudice is such a basis. The Court addresses each of the reasons to amend:



Removing Defendants from portions of the pleading is not a valid basis for leave. The Court has already removed some of the Defendants from the Causes of Action by ruling on Summary Judgment motions. Plaintiff made no effort to volun