IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION
, ) ) Plaintiffs, )
v. ) Civil Action No. 5:13-cv-00077 ) ROBERT F. McDONNELL, JANET M. ) RAINEY, and THOMAS E. ROBERTS, ) in their official capacities ) ) Defendants. )
STATE DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO AMEND PROPOSED CLASS DEFINITION
COME NOW, State Defendants, Robert F. McDonnell, Governor of Virginia, and Janet M. Rainey, State Registrar of Vital Records, in their official capacities, by counsel, in opposition to Plaintiffs' Motion to Amend Proposed Class Definition, (Doc. 79), and state as follows. Plaintiffs, following the hearing on October 29, (Doc. 76), apparently in response to objections raised to their reliance upon "wish" as a defining class characteristic, (Doc. 27, 4 of 15), proposed a new class definition. (Docs. 79, 1 of 3; Doc. 80, 2 of 6). Although Fed. R. Civ. P. 15(a)(2) permits courts to "freely permit" amendment of a complaint, Plaintiffs' proposed amendment should be denied as futile.
, 438 F.3d 404, 426 (4th Cir. 2006) (en banc);
Oroweat Foods Co.
, 785 F.2d 503, 510 (4th Cir. 1986) (explaining that an amendment is futile "when the proposed amendment is clearly insufficient" to remedy the identified defect in the pleading);
Huntington Ingalls Indus.
, 711 F.3d 401, 409-10 (4th Cir. 2013) (affirming denial of leave to amend on ground of futility).
Case 5:13-cv-00077-MFU-RSB Document 83 Filed 11/05/13 Page 1 of 11 Pageid#: 884