071028P.pdf   01/10/2008  Leiloni Popoalii  v.  Correctional Medical Services
   U.S. Court of Appeals Case No:  07-1028
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Smith, Author, with Bye and Bowman, Circuit Judges]
   Prisoner case - prisoner civil rights. District court did not abuse its
   discretion in denying plaintiff's first motion to amend her complaint as
   the motion failed to establish persuasive reasons for the delay in filing the
   motion, and, contrary to the requirements of Rule 16, it was not
   accompanied by copy of the proposed amendments; when plaintiff filed a
   properly supported second motion to amend, the district court did not
   abuse its discretion in conditioning its approval of the amendment on
   plaintiff paying any costs defendants incurred as a result of the
   amendment or in denying the motion to amend when plaintiff refused to
   pay the costs; district court did not err in striking plaintiff's expert's
   supplemental affidavit which was submitted after his deposition and
   which contradicted his earlier report and deposition testimony; at best,
   plaintiff's evidence established that defendants may have been negligent
   in treating her medical condition, and the evidence did not rise to the
   level of establishing deliberate indifference to her medical needs.