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Martin v. Insight Communications Company

United States District Court, S.D. Ohio, Eastern Division
Sep 29, 2010
Civil Action 2:10-cv-00537 (S.D. Ohio Sep. 29, 2010)

Opinion

Civil Action 2:10-cv-00537.

September 29, 2010


ORDER


This matter is before the Court on Defendant Timothy Martin's Motion for Leave to Amend Answer (Doc. # 26). Defendant specifically requests that the Court's leave to amend his answer to bring a statute of limitation defense to the attention of the Court.

Pursuant to Federal Rule of Civil Procedure 15(a), the Court may allow a party to amend its pleading "when justice so requires." Fed.R.Civ.P. 15(a). Nevertheless, "[o]nce the scheduling order's deadline to amend the [pleadings] passes . . . `a plaintiff first must show good cause under Rule 16(b) . . . for failure earlier to seek leave to amend.'" Ruschel v. Nestle Holdings, Inc., 89 Fed. Appx. 518, 521 (6th Cir. 2004) (quoting Foman v. Davis, 371 U.S. 178, 182 (1962)). The Court then "must evaluate prejudice to the nonmoving party `before [it] will [even] consider whether amendment is proper under Rule 15(a).'" Id. (quoting Foman, 371 U.S. at 182).

In this case, the Preliminary Pretrial Order stated that "[m]otions or stipulations addressing the parties or pleadings, if any, must be filed on or before SEPTEMBER 15, 2010." (Doc. # 15 at 2.) Defendant filed his Motion for Leave to Amend Answer on September 28, 2010. Defendant's Motion does not indicate whether good cause exists for his failure to seek leave to amend the answer before the scheduling deadline passed. Accordingly, Defendant Timothy Martin's Motion for Leave to Amend Answer (Doc. # 26) is DENIED without prejudice. If Defendant still wishes to amend his Answer, he must file a motion to modify the case schedule and for leave to file an amended answer, pursuant to Federal Rules of Civil Procedure 16(b)(4) and 15(a)(2), demonstrating that good cause exists for granting his motions.

IT IS SO ORDERED.

September 29, 2010


Summaries of

Martin v. Insight Communications Company

United States District Court, S.D. Ohio, Eastern Division
Sep 29, 2010
Civil Action 2:10-cv-00537 (S.D. Ohio Sep. 29, 2010)
Case details for

Martin v. Insight Communications Company

Case Details

Full title:KIMBERLY A. MARTIN, Plaintiff, v. INSIGHT COMMUNICATIONS COMPANY, LP, et…

Court:United States District Court, S.D. Ohio, Eastern Division

Date published: Sep 29, 2010

Citations

Civil Action 2:10-cv-00537 (S.D. Ohio Sep. 29, 2010)