Larson v. Perry et al. (19-cv-10203).

This case involves a copyright dispute involving author Sonya Larson’s alleged copying of a letter written by a kidney donor, Dawn Dorland Perry, to the anonymous recipient and subsequently posted by Dorland on Facebook.  Judge Talwani has denied Perry’s motion to amend her counterclaim to include a count for abuse of process as untimely and lacking good cause for the delay.  The period to amend the pleadings expired on August 31, 2020, and despite numerous requests to extend discovery neither party sought to extend the amendment deadline.  Perry contended that she did not know the facts behind the proposed amendment prior to conducting discovery, but Judge Talwani found that Perry waited more than nine months from receiving the text message relied upon before seeking leave to amend.  Even if Perry needed to confirm her suspicions until after Larson’s deposition, Perry still waited more than 3 months after the close of discovery to seek leave.  Of note, Judge Talwani denied Perry’s motion just five days after Perry sought leave and before Larson had opposed.