Northern District of Georgia Grants Motion to Dismiss Putative Class Action Case Denying a Motion for Leave to Amend
In a Northern District of Georgia case involving the Illinois biometrics statue with tens of millions in dispute.
After uncovering a settlement agreement in a different case involving this same plaintiff, client moved to dismiss the original plaintiff’s claims based on overly-broad release language from the other case.
In response, in addition to opposing the motion to dismiss, the original plaintiff sought leave to amend the original complaint so a new plaintiff, that was not a party to the release, could join in the existing litigation. The new plaintiff argued that her similar claims, which arose out of the same occurrence, should relate back to the 2019 original complaint, and thus avoid losing many millions worth of putative claims due to the statute of limitations.
The Court granted our client’s motion to dismiss and denied the motion to amend ending the litigation with the client not having paid a dime and before any discovery.