WARRINGTON
v.
PATEL
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A party seeking to modify a scheduling order must demonstrate diligence, and vague assertions about new counsel or recent events are insufficient to meet this standard.
Defendant Rocky Patel Premium Cigars, Inc. sought a thirty-day extension to amend its pleadings, citing the need for new counsel to evaluate the case …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Modification of Scheduling Order cases and more on FLexlaw
Defendant Rocky Patel Premium Cigars, Inc. seeks a thirty-day extension of the deadline to amend its pleadings. (Doc. 89.) For the reasons below, the motion is denied. Because Defendant seeks to modify the scheduling order, Federal Rule of Civil Procedure 16 governs. See Destra v. Demings, 725 F. App’x 855, 859 (11th Cir. 2018) (citing Sosa v. Airprint Sys., Inc., 133 F. 3d 1417, 1418 n.2 (11th Cir.1998)).1 It states: “A schedule may be modified only for good cause and with the judge’s consent.” Fed. R. Civ. P. 16(b)(4). In evaluating this rule, the touchstone is diligence. “Th[e] good cause standard precludes modification unless the schedule cannot be met despite the diligence of the party seeking
Accordingly, it is now ORDERED: 1. Defendant’s Motion to Modify the Case Management and Scheduling Order (Doc. 88) is DENIED. 2. The Court sua sponte extends the deadline to amend the pleadings to May 12, 2023, to account for the time this motion has been pending without a ruling. ENTERED in Fort Myers, Florida on May 10, 2023. Le C. Dudek United States Magistrate Judge
Copies: All Parties of Record
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Sosa v. Airprint Sys., Inc., 133 F.3d 1417 (11th Cir. 1998)
- Lord v. Fairway Elec. Corp., 223 F. Supp. 2d 1270 (M.D. Fla. 2002)