Behlin v. Rite Aid Pharmacy Store
- Katherine Failla
- 1:18-cv-04335
- U.S. District Court · Southern District of New York
- 2
In Behlin v. Rite Aid Pharmacy Store, Judge Failla ordered briefing on Behlin’s request to amend his complaint after the deadline.
Rahbu Behlin and the defendants, including Rite Aid Pharmacy Store; the order required briefing on Behlin’s request to amend the complaint and set filing deadlines.
What happened
In Behlin v. Rite Aid Pharmacy Store, Rahbu Behlin asked for permission to file an amended complaint. The request came after the deadline in the case management plan and after the parties had conducted discovery and litigated the case.
The court said Behlin must show good cause for changing the amendment deadline. The court explained that good cause depends on the moving party’s diligence and applies because the request came nearly three years after the lawsuit began, despite earlier opportunities to amend.
Judge Katherine Polk Failla did not decide whether Behlin could amend his complaint. Instead, she required more briefing and set deadlines: Behlin’s papers were due November 6, 2020; defendants’ opposition was due November 27, 2020; and any reply was due December 18, 2020.
The detailed version
- Behlin v. Rite Aid Pharmacy Store · No. 1:18-cv-04335
- Katherine Failla
- Oct. 16, 2020
Background
Rahbu Behlin submitted a letter, docketed on October 14, 2020, seeking leave to file an amended complaint. The court noted that the parties had already invested substantial effort in discovery and litigation. The operative case management plan set March 1, 2020, as the last day to amend the complaint.
Legal standard
The court explained that when a scheduling order controls amendments and a party seeks to amend after the deadline, the party must first show “good cause” to modify that deadline under Federal Rule of Civil Procedure 16. The court stated that whether good cause exists turns on the moving party’s diligence. It also directed Behlin to address the requirements of Rules 15(a)(2) and 16(b)(4), including good cause for the delay in seeking amendment nearly three years after starting the lawsuit and despite having had earlier opportunities to amend.
Order
The court required more extensive briefing on Behlin’s request. Behlin’s moving papers were due by November 6, 2020; defendants’ opposition papers were due by November 27, 2020; and Behlin’s reply, if any, was due by December 18, 2020. The order did not grant or deny leave to amend. Judge Katherine Polk Failla also directed the Clerk of Court to mail a copy of the order to Behlin at his address of record.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.