ARCH Specialty Insurance Company v. Florida Window Co.
ARCH Specialty Insurance Company v. Florida Window Co.
Trial Court Opinion
UNITED STATES DISTRICT COURT uo . SOUTHERN DISTRICT OF FLORIDA Case No. 18-24237-ClV-O'SULLIVAN oo! [CONSENT]
ARCH SPECIALTY INSURANCE COMPANY, Plaintiff, oe
FLORIDA WINDOW co. and NORTHFIELD HOLDING CORP. . d/b/a FLORIDA WINDOW AND DOOR, Defendants. | SO
ORDER THIS MATTER is before the Court on the Unopposed Motion for Leave to File
4 Third-party Complaint and Incorporated Memorandum of Law (DE# 82, 10/4/1 9) filed by the defendant. The deadline to amend the pleadings was initially set for February 22, □ □
2019. See Scheduling Order for Pretrial Conference and Trial (DE# 57, 4/291 9). The □
Court later granted the parties leave to amend their pleadings by July 30, 2019. See , Order (DE# 73, 7/29/19). The defendant, Northfield Holdings Corp., now seeks to amend the pleadings to file a third-party complaint. . While leave to amend a pleading is “freely given” under Rule 15(a), a court must also consider the requirements of Rule 16(b)(4); which provides that aCase Management and Scheduling Order “may be modified only for good cause and with the □
judge’s consent.” Fed. R. Civ. P. 16(b)(4): Sosa V. Airp rint Sys.; Inc.,
133 F.3d 1417, 1418-19 (1 1th Cir. 1998). Here, the parties were previously granted leave to amend the pleadings. Moreover, the discovery cutoff in the instant case is December 2, 2019 and
trial in this matter is set for April 13, 2020. See Order Setting Pretrial Conference and __
_ Trial Date (DE# 74, 7/29/19). The defendant seeks leave to raise claims against the broker and agent ina third-party complaint. Allowing the defendant to add new parties this juncture in the proceedings would hinder the case from going forward under the deadlines set by the current scheduling order. In sum, the defendant has failed to show good cause supporting the modification of the Court’s scheduling order. Accordingly □□□ based on the foregoing, it is
ORDERED AND ADJUDGED that the Unopposed Motion for Leave to File □□ Third-party Complaint and Incorporated Memorandum of Law (DE# 82, 10/4/19)
DENIED. DONE AND ORDERED in Chambers at Miami, Florida, this 4th day of October, 2019.
JOHN J. G'SULLIVAN CHIEF UNITED|STATES MAGISTRATE JUDGE |
Reference
- Status
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