Phillips v. Philips Electronics North America Corp.
A defendant may amend its answer, if the plaintiff provides written consent or the court provides permission, pursuant to Federal Rule of Civil Procedure 15(a)(2). The plaintiff employee, Martin Phillips, sued the defendant employer, Philips Electronics North America Corp., alleging discrimination on the basis of age, in violation of the Age Discrimination in Employment Act. On Oct. 1, 2012, the defendant filed an answer. On March 26, 2013, the defendant requested the court's permission to amend its answer, to add an affirmative defense, as a result of information that the defendant obtained in response to requests for production. There was no evidence of undue delay, bad faith or dilatory motive. Granting the defendant's motion would not prejudice the plaintiff. The proposed amendment is not futile. The defendant established good cause, and the court granted the defendant's motion to amend its answer.