DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073781P.pdf 03/17/2009 United States exrel Henry Roop v. Hypoguard USA
U.S. Court of Appeals Case No: 07-3781
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Loken, Author, with John R. Gibson and Murphy,
Circuit Judges]
Civil case - False Claims Act. District court did not abuse its discretion
in denying plaintiff's motion to amend his complaint after he conceded
his initial complaint failed to satisfy Rule 9(b)'s particularity requirement
and failed to show how his proposed amendments would satisfy the rule;
district courts in this circuit have considerable discretion to deny a post-
judgment motion for leave to amend because such motions are
disfavored, but they may not ignore the Rule 15(a)(2) considerations that
favor affording parties an opportunity to test their claims on the merits,
particularly when a fraud complaint has been dismissed for failure to
comply with the pleadings requirements of Rule 9(b); here, plaintiff
failed to show how his new complaint would cure the deficiencies
previously noted, and the district court was not required to ferret out well-
hidden changes in a post-judgment amended pleading without guidance
from plaintiff; in any event, the new complaint would not have satisfied
the previously-noted defects.