ANDERSON v. SHAVER et al
ENTRY - The plaintiff's motion to amend [dkt 25] is denied. First, the motion is not accompanied by a proposed amended complaint as required by Local Rule 15-1. In addition, the motion is untimely. (See Entry). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 12/19/2016. (JLS)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
The plaintiff’s motion to amend [dkt 25] is denied. First, the motion is not accompanied
by a proposed amended complaint as required by Local Rule 15-1. In addition, the motion is
untimely. Generally, a motion for leave to amend a complaint is evaluated under Federal Rule of
Civil Procedure 15(a)(2). That rule provides that courts “should freely give leave when justice so
requires.” See also Soltys v. Costello, 520 F.3d 737, 742–43 (7th Cir. 2008) (discussing the
standard). However, the rule is in some tension with the rule that governs scheduling orders,
Federal Rule of Civil Procedure 16. Under the rule, district courts are generally required to issue
scheduling orders in their cases as soon as practicable. Fed.R.Civ.P. 16(b)(2). And courts are
required in a scheduling order to set a deadline for filing amended pleadings. Fed.R.Civ.P.
16(b)(3)(A). Alioto v. Town of Lisbon, 651 F.3d 715, 719 (7th Cir. 2011). Because the motion to
amend was filed after the deadline set forth in the scheduling order of October 24, 2016, the Court
applies the heightened good-cause standard of Rule 16(b)(4) before considering whether the
requirements of Rule 15(a)(2) are satisfied. See id. “Rule 16(b)'s ‘good cause’ standard primarily
considers the diligence of the party seeking amendment.” Trustmark Ins. Co. v. Gen. & Cologne
Life Re of Am., 424 F.3d 542, 553 (7th Cir. 2005) (quoting Johnson v. Mammoth Recreations, Inc.,
975 F.2d 604, 609 (9th Cir. 1992)). The plaintiff argues that the proposed new defendants also
violated his rights, but he does not show or even argue that he exercised diligence in seeking to
add these defendants.
IT IS SO ORDERED.
Marion County Jail II
730 East Washington St.
Indianapolis, IN 46202
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