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New England Carpenters Health Benefits Fund et al v. First Databank, Inc., et al

MEMORANDUM in Support re MOTION to Amend FOR LEAVE TO FILE THIRD AMENDED COMPLAINT

64 Cited authorities

  1. Steir v. Girl Scouts of the USA

    383 F.3d 7 (1st Cir. 2004)   Cited 399 times
    Holding that a party must demonstrate the prospect of future harm in order to maintain standing for equitable relief

  2. Calderon v. Kansas Dept., Soc. Rehab. Ser

    181 F.3d 1180 (10th Cir. 1999)   Cited 422 times
    Holding that a "single sentence, lacking a statement for the grounds for amendment and dangling at the end of [appellant's] memorandum, did not rise to the level of a motion for leave to amend" and that motion for leave to amend was therefore "never properly before" district court

  3. O'Connell v. Hyatt Hotels of Puerto Rico

    357 F.3d 152 (1st Cir. 2004)   Cited 290 times
    Holding the same and noting that "[f]or Rule 16(b) to operate effectively, litigants cannot be permitted to treat a scheduling order as a frivolous piece of paper idly entered, which can be cavalierly disregarded without peril"

  4. Diamond Multimedia Systems, Inc. v. Superior Court

    19 Cal.4th 1036 (Cal. 1999)   Cited 255 times   1 Legal Analyses
    Finding no constitutional impediment in permitting non-Californians a right of action under a domestic statute because California had a "clear and substantial interest in preventing fraudulent practices in this state," or in "extending state-created remedies to out-of-state parties harmed by wrongful conduct occurring in California."

  5. Wershba v. Apple Computer, Inc.

    91 Cal.App.4th 224 (Cal. Ct. App. 2001)   Cited 225 times
    Finding that application of California law to a class settlement was appropriate when "substantial numbers of class members are located in California"

  6. Knevelbaard Dairies v. Kraft Foods, Inc.

    232 F.3d 979 (9th Cir. 2000)   Cited 217 times   2 Legal Analyses
    Holding that a conspiracy to manipulate the benchmark for bulk cheese auction prices, which were then used to determine the government-mandated minimum price for milk, caused antitrust injury to milk buyers

  7. Kennedy v. Josephthal Co., Inc.

    814 F.2d 798 (1st Cir. 1987)   Cited 312 times   1 Legal Analyses
    Holding that discrepancy between oral misrepresentations and an offering memorandum constituted inquiry notice commencing limitations period

  8. Adorno v. Crowley Towing and Transp. Co.

    443 F.3d 122 (1st Cir. 2006)   Cited 179 times
    Holding that futility of an amendment is assessed under the standard of Fed.R.Civ.P. 12(b)

  9. Norwest Mortgage, Inc. v. Superior Court

    72 Cal.App.4th 214 (Cal. Ct. App. 1999)   Cited 165 times
    Holding § 17200 "was not intended to regulate conduct unconnected to California"

  10. Big Bear Lodging Association v. Snow Summit

    182 F.3d 1096 (9th Cir. 1999)   Cited 118 times
    Finding plaintiff's product market definition of “lodging accommodation and ski packages” insufficient for failure to allege that there were no other goods or services reasonable interchangeable with such accommodations or packages

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,020 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,251 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,578 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,708 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,253 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  16. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,800 times   315 Legal Analyses
    Prohibiting unlawful business practices

  17. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,844 times   59 Legal Analyses
    Specifying prohibited activities

  18. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,922 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  19. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,384 times   102 Legal Analyses
    Relating to mail fraud

  20. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,908 times   168 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"