Kudatsky v. Tyler Technologies

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AARON KUDATSKY,

Plaintiff, No. C 19-07647 WHA v.

TYLER TECHNOLOGIES, ORDER RE MOTION FOR LEAVE TO AMEND COMPLAINT AND

Defendant.

SCHEDULE MODIFICATION

Granting plaintiff’s motion would prejudice the defendant and add a Gordian knot of evidentiary complications at trial. See Foman v. Davis, 371 U.S. 178, 182 (1962). Two of the three named plaintiffs that plaintiffs propose to add are not ERP implementation consultants. They are senior consultants, who were expressly excluded from the certified class. And, two work outside the Tyler public-sector product. A prior order herein relied heavily on records from the public-sector Tyler product (training materials, schedules, and depositions by that sector’s employees) to determine the scope of class certification. Class certification hinged on the adequacy of those records for determining the administrative exemption. Adding new records from another division would present entirely new issues. The requests for leave to 1 amend and for modification of the schedule are DENIED.

4 IT IS SO ORDERED.

6 Dated: April 9, 2021.

7 Pee 8 LA Te

WILLIAM ALSUP 9 UNITED STATES DISTRICT JUDGE a 12

Z 18