Meta opposes the book authors Kadrey plaintiffs’ motion for leave to file a Third Amended Complaint.
Writes Meta:
Plaintiffs’ Motion for Leave to File Third Amended Consolidated Complaint (“TACC”)
(Dkt. 300) (“Motion”), should be denied. Fact discovery closes in two days. Yet, on the eve of
Thanksgiving and without prior notice, Plaintiffs filed a motion to amend their operative complaint
to add two new claims that would drastically change the nature of this case. Plaintiffs’ eleventhhour gambit is based on a false and inflammatory premise: that “[t]he new claims could not have
been added sooner because they rest on the recently unearthed evidence (including evidence that
Meta previously concealed).” Mot. at 2. Meta has not “concealed” anything; discovery produced
by Meta months ago revealed the allegedly “new” facts.1
But rather than alert the Court to the need for potential amendment when Plaintiffs moved to modify the case schedule in September, Plaintiffs waited until the last minute to seek leave to amend. This delay is unjustified.”