Jackson v. Laureate, Inc.

ORDER *

Plaintiff moves for leave to amend her Complaint, stating that “the Court ordered that amendment of the pleadings would be permitted for good cause,” but arguing solely that Federal Rule of Civil Procedure 15(a)’s 1 standards support her motion. Pl.’s Mot. at 2. Defendants oppose the motion, arguing that because Plaintiffs proposed amendment includes new claims, Defendants would suffer prejudice should the requested amendment be allowed. For the reasons stated below, the motion is denied.

Plaintiffs motion fails to recognize that the liberal amendment standard set out in Rule 15(a) is inapplicable until Plaintiff *607 first demonstrates that “good cause” as prescribed by Rule 16(b) justifies the amendment. 2 This is because a Rule 16 Status (Pretrial Scheduling) Order was entered in this case on November 17, 1998, that prohibits amending the pleadings absent a showing of “good cause.” As the Ninth Circuit explained in Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir.1992), once the district court has filed a pretrial scheduling order pursuant to Rule 16 which establishes a timetable for amending pleadings, a motion seeking to amend pleadings is governed first…