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In determining whether undue prejudice will result the D.C. Circuit has suggested that the court consider whether amendment of a complaint would require additional discovery. Atchinson, 73 F.3d at 426 (citing Alley v. Resolution Trust Corp., 299 U.S. App. D.C. 363, 984 F.2d 1201, 1208 (D.C. Cir. 1993) (remanding the case for the district court to allow amendment where the plaintiffs assured the court of appeals that additional discovery would be unnecessary)). If additional discovery will result, then this factor may weigh negatively on the plaintiffs' instant motion to amend the complaint. Id.
In a case where discovery has yet to occur, it would defy logic to deny the plaintiffs a opportunity to amend the complaint on the basis that additional discovery will result. While it is conceivable that a great deal of discovery may result from the addition of new claims, this does not constitute evidence of undue prejudice to deny the plaintiffs' instant motion. Teachers Retirement Bd. v. Fluor Corp., 654 F.2d 843, 856 (2d Cir. 1981) (stating that the plaintiffs did not unduly prejudice the defendants because the plaintiffs requested leave to amend when no trial date was set by the ...
