In re Gulf States Long Term Acute Care of Covington, L.L.C.
Filing
494
ORDER AND REASONS regarding 487 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. The Magistrate Judge's ruling on Plaintiff's Motion for Leave to File a Third Amended Complaint (R. Doc. 447) is AFFIRMED. Signed by Judge Jane Triche Milazzo. (Reference: 11-1659)(ecm, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
CIVIL ACTION
IN RE GULF STATES LONG TERM
ACUTE CARE OF COVINGTON, L.L.C.
NO: 11‐1659 c/w 13‐508
SECTION: “H”(5)
ORDER AND REASONS
Before the Court is a Motion for Review (R. Doc. 487) of the Magistrate Judge's Order (R.
Doc. 484) denying Plaintiff's Motion for Leave to File a Third Amended Complaint (R. Doc. 447). For
the following reasons, the Magistrate Judge's decision is AFFIRMED.
BACKGROUND
This case is connected to an underlying bankruptcy proceeding and was originally filed in
bankruptcy court. Plaintiff David Adler is the disbursing agent of the debtor. Pursuant to an order
of the bankruptcy court, Plaintiff filed an adversary complaint on April 18, 2011. The adversary
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proceeding was transferred to this Court on August 25, 2011. Plaintiff amended his complaint on
September 12, 2011, and again on March 21, 2013, the last day for amendment of pleadings.
On December 6, 2013, Plaintiff moved for leave to file a third amended complaint, which
was referred to the Magistrate Judge assigned to this case pursuant to 28 U.S.C. § 636(b)(1)(A).
The Motion was denied on January 8, 2014, "in light of the expiration for the deadline for
amendments to pleadings." Plaintiff appealed this decision to the undersigned.
LEGAL STANDARD
With the consent of the presiding district judge, a magistrate judge may adjudicate non‐
dispositive pre‐trial motions. 28 U.S.C. § 636(b)(1)(A). A magistrate judge is afforded broad
discretion in resolving non‐dispositive pre‐trial matters. McCallon v. BP Am. Prod. Co., Nos.
05–0597, C/W 05–0700, 2006 WL 3246886, at *2 (E.D. La. Nov. 8, 2006). A party aggrieved by the
magistrate judge's ruling may appeal to the district judge within fourteen days after service of the
ruling. Fed. R. Civ. P. 72(a). The district judge may reverse only upon a finding that the ruling is
"clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a). In order to
meet this high standard, the district judge must be "left with a definite and firm conviction that a
mistake has been committed." Yelton v. PHI, Inc., 284 F.R.D. 374, 376 (E.D. La. 2012) (internal
quotation marks omitted).
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LAW AND ANALYSIS
Plaintiff contends the Magistrate Judge's denial of his motion for leave to file an amended
complaint was clearly erroneous, because she failed to apply the correct legal standard.
Specifically, Plaintiff argues Rule 15(a) requires a trial court to grant leave to amend unless there
is a "substantial reason" for denying the request. According to Plaintiff, the expiration of the
deadline for amending pleadings does not constitute such a substantial reason. As explained more
fully below, Plaintiff's argument is premised on a fundamental misunderstanding of Rule 15.
Amendment of pleadings is generally assessed under the liberal standard of Rule 15(a),
which provides that "[t]he court should freely give leave [to amend] when justice so requires." The
Fifth Circuit has held, however, that "a party seeking to amend its pleadings after a deadline has
passed must demonstrate good cause for needing an extension." E.E.O.C. v. Service Temps Inc., 679
F.3d 323, 333–34 (5th Cir. 2012) (citing Fed. R. Civ. P. 16(b)(4)). Thus, with respect to an untimely
motion to amend, a party must show good cause under Rule 16(b)(4) before the trial court will
apply the more liberal standard set forth in Rule 15(a). Fahim v. Marriott Hotel Servs., Inc., 551
F.3d 344, 348 (5th Cir. 2008). Four factors are relevant to a showing of good cause: (1) the
explanation for the failure to timely move for leave to amend; (2) the importance of the
amendment; (3) potential prejudice in allowing the amendment; and (4) the availability of a
continuance to cure such prejudice. S&W Enters., L.L.C. v. Southtrust Bank of Ala., 315 F.3d 533,
536 (5th Cir. 2003).
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Because the deadline for amending pleadings is well past, the Magistrate Judge correctly
adjudicated Plaintiff's Motion under the stricter standard provided in Rule 16(b)(4). Having
reviewed the Motion, the arguments of counsel, and the relevant law, the Court is not left with a
definite and firm conviction that a mistake has been committed. To the contrary, the Magistrate
Judge's ruling was a prudent exercise of her discretion, which this Court will not disturb on appeal.
CONCLUSION
For the reasons previously stated, Plaintiff has failed to demonstrate that the denial of his
motion for leave to file a third amended complaint is clearly erroneous or contrary to law.
Accordingly, the Magistrate Judge's ruling is AFFIRMED.
New Orleans, Louisiana, this 27th day of January, 2014.
____________________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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