A Love of Food I, LLC v. Maoz Vegetarian USA, Inc.
292 F.R.D. 142
| D.C. Cir. | 2013Background
- This is a contract dispute arising from a 2007 franchise agreement between Maoz Vegetarian USA, Inc. and the plaintiff.
- Plaintiff filed the complaint on August 25, 2010, and an amended complaint on November 11, 2010.
- Maoz answered the amended complaint on July 21, 2011, with a scheduling order setting an August 22, 2011 deadline to amend pleadings.
- Maoz moved on July 5, 2013, to add a fifth affirmative defense based on a one-year statute of limitations in the franchise agreement, after discovery and after earlier motions were decided.
- The motion to amend followed district transfers and continued inactivity in the case, with the defense arguing the limitation provision grew out of the contract at issue.
- The court denied Maoz’s motion, applying Rule 16 good cause standards rather than Rule 15, and found no good cause due to lack of diligence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 16 governs amendments after the scheduling order deadline | Plaintiff argues Rule 16 good cause applies. | Defendant agrees Rule 16 applies. | Rule 16 applies. |
| Whether Maoz showed good cause to amend to add the contract-based statute-of-limitations defense | Lack of prejudice not shown; diligence not necessary. | Amendment necessary to assert the defense based on contract. | No good cause; amendment denied. |
Key Cases Cited
- Nourison Rug Corp. v. Parvizian, 535 F.3d 295 (4th Cir.2008) (good cause standard governs late amendments after scheduling-order deadline)
- Lurie v. Mid-Atl. Permanente Med. Grp., P.C., 589 F.Supp.2d 21 (D.D.C.2008) (timeliness and diligence determine good cause to amend after deadline)
- Kellogg Brown & Root Servs., Inc., 285 F.R.D. 133 (D.D.C.2012) (post-deadline amendments require diligence and lack of prejudice)