Martinez v. Cornell Corrections of Texas, Inc.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on Defendants Cornell Corrections of Texas, Inc. and Rudy Estrada’s Motion to Amend the Answer by Interlineation, filed April 15, 2005 (Doc. 164). The primary issue is whether the Court should allow Cornell and Estrada to amend their Answer to deny that Estrada was a Cornell employee at all relevant times. Because the statute of limitations has expired, and because no one before the Court can waive the appropriate person’s affirmative defense, the Court concludes that the proposed amendment would unfairly…