The following excerpt is from Dominick & Dickerman LLC v. Deutsche Oel & Gas AG, 17-3049 (2nd Cir. 2018):
"[P]laintiffs who failed to include a claim in their complaint can move to amend the complaint; if summary judgment has been granted to their opponents, they can raise the issue in a motion for reconsideration." Greenidge v. Allstate Ins. Co., 446 F.3d 356, 361 (2d Cir. 2006). Where, as here, the plaintiff chooses to pursue neither route, "a district court does not abuse its discretion when it fails to grant leave to amend a complaint without being asked to do so." Id.; see also Mauro v. S. New England Telecomms., Inc., 208 F.3d 384, 386 n.1 (2d Cir. 2000) (concluding that the district court did not err by refusing to consider a claim
Page 7
where the plaintiff failed to move for reconsideration after the district court's decision alerted him to pleading deficiencies).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.