Dartmouth Hitchcock Medical Center v. Cross Country Travcorps Inc.
1:09-cv-00160
D.N.H.Mar 23, 2011Background
- DHMC sues Cross Country Travcorps and CHG for indemnification and contribution related to a prior medical malpractice judgment.
- Cross Country provided nurse Burdett to DHMC under staffing and subcontractor agreements; Burdett cared for patient Coffey.
- Coffey died; Aumand estate filed medical malpractice against DHMC; damages awarded and later paid by DHMC ($483,000) and CHG ($500,000).
- After judgment, CHG moved to amend its answer to add a contribution counterclaim; DHMC objected.
- Scheduling order required May 1, 2010, as deadline to amend pleadings; CHG’s proposed amendment was filed February 23, 2011, near trial date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of amendment under scheduling order | CHG argues Rule 15(a)(2) liberal amendment policy applies; no prejudice to DHMC. | DHMC argues amendment after deadline must satisfy Rule 16(b) good cause. | Denied; CHG failed to show good cause under Rule 16(b). |
| Good cause for late amendment | CHG contends diligence and good faith in seeking amendment. | DHMC asserts no diligence or justification for delay. | Denied; CHG did not demonstrate the required diligence for good cause. |
| Applicability of RSA 507:7-g III vs Rule 15 | CHG asks federal rules apply and liberal amendment should override statute. | DHMC argues Rule 16 governs and Morel analysis not necessary. | Unnecessary to decide Morel; Rule 16 controls; amendment denied on timeliness. |
Key Cases Cited
- Trans-Spec Truck Serv., Inc. v. Caterpillar Inc., 524 F.3d 315 (1st Cir. 2008) (good cause required under Rule 16(b) for post-deadline amendments)
- Steir v. Girl Scouts of USA, 383 F.3d 7 (1st Cir. 2004) (compliance with scheduling orders; diligence standard for amendments)
- Morel v. DaimlerChrysler AG, 565 F.3d 20 (1st Cir. 2009) (liberal amendment policy discussable under Rule 15(a); relation-back analysis)