THOMAS B. SMITH, Magistrate Judge.
This matter is before the Court on Plaintiff's Motion to Substitute Representative for Nam Dang (Doc. 119). The motion, which was filed on April 10, 2015, requests that Plaintiff's father, Cuong Dang, be substituted for Plaintiff's sister, Vina Dang, as Plaintiff's representative in this action (
Just four days after the motion was filed, Defendants Alecia Scott, Sharyle Roberts, and Martha Densmore filed a response in opposition (Doc. 120). They assert that Vina Dang moved from Orlando to Pennsylvania at some time between August and December 2014 and that the motion is merely an attempt by Vina Dang to avoid having to travel to Orlando for mediation in this case, which is scheduled for April 20 (
As authority for the requested substitution, Plaintiff cites Rule 25 of the Federal Rules of Civil Procedure. Rule 25 allows for substitution of parties in four circumstances: (a) when "a party dies"; (b) when "a party becomes incompetent"; (c) when "an interest is transferred"; or (d) when "a public officer who is a party in an official capacity dies, resigns, or otherwise ceases to hold office while the action is pending." The substitution requested here—replacing one person with another as a representative of a minor or incompetent person—does not fall into any of these categories.
The good cause standard under Rule 16 focuses primarily on the diligence of the party seeking modification of the scheduling order. The Eleventh Circuit has held that the "good cause standard precludes modification unless the schedule cannot `be met despite the diligence of the party seeking the extension.'"
The CMSO entered on March 27, 2014 put Vina Dang on notice that she is required to attend mediation in this case in Orlando on April 20, 2015. By the end of 2014, Vina Dang had moved to Pennsylvania. If her new residence prevented her from performing her duties as Plaintiff's representative, she should have requested the substitution then, not four months later and 10 days before the mediation. If Vina Dang had forgotten about the scheduled mediation when she moved to Pennsylvania, surely she was reminded when, in February 2015, her attorneys began fielding requests from Defendants to be excused from personally appearing at the mediation—requests which Plaintiff opposed. Plaintiff's unexplained—and inexplicable—delay indicates a lack of diligence, which weighs strongly against a finding of good cause. It also suggests that her new residence in Pennsylvania will not impede her performance of her duties as Plaintiff's representative in this case. For these reasons, the Court does not find good cause and the motion is DENIED.
DONE and ORDERED.