LANCE M. AFRICK, District Judge.
Before the Court are two motions
The second and corresponding motion requests that Lockheed and General Dynamics be stricken from plaintiffs' amended complaint and dismissed from this lawsuit.
Decedent, Wheldon Boyd ("Boyd"), was a career aircraft mechanic at Belle Chasse Air Force Base. He was diagnosed with alleged asbestos-related mesothelioma in December 2013 and passed away in March 2014. Eight months later, in November 2014, plaintiffs—Boyd's heirs— sued nine defendants in state court, alleging that they were responsible for Boyd's illness and death.
Defendant, Boeing Company, removed
In November 2015, plaintiffs filed an unopposed motion to continue the trial date on the ground that "[d]uring discovery of this case, it has become clear that additional parties are necessary."
Judge Zainey held a status conference to discuss the motion on November 19, 2015.
The case was reassigned
Orders granting or denying motions to add new parties are interlocutory orders. Melancon v. Texaco, Inc., 659 F.2d 551, 553 (5th Cir. 1981). Rule 54(b) of the Federal Rules of Civil Procedure provides, in pertinent part, that any interlocutory order that does not fully resolve all claims, such as this Court's November 19, 2015 minute entry, "may be revised at any time before the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities." The general practice of courts in this district has been to evaluate motions to reconsider interlocutory orders under the same standards that govern Rule 59(e) motions to alter or amend a final judgment. Castrillo v. Am. Home Mortg. Servicing, Inc., No. 09-4369, 2010 WL 1424398, at *4 (E.D. La. Apr. 5, 2010) (Vance, J.); accord Bernard v. Grefer, No. 14-887, 2015 WL 3485761, at *5 (E.D. La. June 2, 2015) (Fallon, J.).
A motion to alter or amend a judgment filed pursuant to Rule 59(e) "serve[s] the narrow purpose of allowing a party to correct manifest errors of law or fact or to present newly discovered evidence." Waltman v. Int'l Paper Co., 875 F.2d 468, 473 (5th Cir. 1989). A district court has "considerable discretion in deciding whether to reopen a case in response to a motion for reconsideration under" Rule 59(e). Lavespere v. Niagara Mach. & Tool Works, Inc., 910 F.2d 167, 174 (5th Cir. 1990), abrogated on other grounds by Little v. Liquid Air. Corp., 37 F.3d 1069 (5th Cir. 1994) (en banc).
Jupiter v. BellSouth Telecomms., Inc., No. 99-0628, 1999 WL 796218, at *1 (E.D. La Oct. 5, 1999) (Vance, J.). "The Court must strike the proper balance between the need for finality and the need to render just decisions on the basis of all the facts." Edward H. Bohlin Co. v. Banning Co., 6 F.3d 350, 355 (5th Cir. 1993).
Furthermore, "when a district judge has rendered a decision in a case, and the case is later transferred to another judge, the successor should not ordinarily overrule the earlier decision." Loumar, Inc. v. Smith, 698 F.2d 759, 762 (5th Cir. 1983) (citing 18 C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 4478, at 788, 794-95 (1981)). When a successor judge replaces another judge, however, "[t]he successor judge has the same discretion as the first judge to reconsider [the first judge's] order." Abshire v. Seacoast Products, Inc., 668 F.2d 832, 837-38 (5th Cir. 1982). "This flexibility . . . accommodates the reality that the predecessor judge could always have reconsidered before judgment." Hill v. City of Pontotoc, Miss., 993 F.2d 422, 425 (5th Cir. 1993).
Rule 15 of the Federal Rules of Civil Procedure provides that leave to amend the pleadings "shall be freely given when justice so requires." Fed. R. Civ. P. 15(a). However, the Fifth Circuit has explicitly held that Rule 16(b) governs amendment of pleadings after a scheduling order deadline has expired. Sw. Bell Tel. Co. v. City of El Paso, 346 F.3d 541, 546 (5th Cir. 2003). Rule 16(b)(4) provides that "[a] schedule may be modified only for good cause and with the judge's consent." "The good cause standard requires the `party seeking relief to show that the deadlines cannot reasonably be met despite the diligence of the party needing the extension.'" S & W Enters., L.L.C. v. SouthTrust Bank of Ala., NA, 315 F.3d 533, 535 (5th Cir. 2003) (quoting 6A Charles Alan Wright et al., Federal Practice and Procedure § 1522.1 (2d ed.1990)). A trial court has broad discretion to preserve the integrity and purpose of its pretrial orders "which, toward the end of court efficiency, is to expedite pretrial procedure." S & W Enters., 315 F.3d at 535.
The U.S. Fifth Circuit Court of Appeals has applied a four-factor balancing test in certain contexts to determine whether good cause exists to modify a scheduling order by weighing (1) the explanation for the failure to adhere to the deadline at issue;
Lockheed and General Dynamics argue that plaintiffs "have not, and cannot, demonstrate good cause for ignoring the Court's pleading amendment deadline."
In Curol, this Court reconsidered and then rescinded its order permitting the plaintiff to amend his complaint after the deadline where the plaintiff "made no showing that, prior to the expiration of the deadline, he was diligent in seeking discovery and that, despite such diligence, the amendment deadline could not reasonably have been met." Id. at *4. The Court had originally permitted the plaintiff to amend his complaint over six months after the original deadline in order that plaintiff could add as a defendant the manufacturer of a valve that plaintiff claimed was defective. Id. at *1. Upon reconsideration, in response to the plaintiff's argument that the added manufacturer was a "key and critical defendant," this Court reasoned that "the claimed importance of adding [the manufacturer] as a defendant only underscores the need for plaintiff to have timely conducted discovery and to have timely moved to amend the complaint and bring [the manufacturer] into this action." Id. at *5.
Defendants characterize Curol as "a strikingly similar scenario" to that presently before the Court.
While defendants complain that the Court did not explicitly address Rule 16(b)—the rule governing scheduling order modifications—before granting plaintiffs leave to amend their complaint, that fact alone does not necessarily indicate that Judge Zainey did not determine that plaintiffs had shown good cause before rendering his decision. To the contrary, the Court's November 19, 2015 minute entry indicates that the Court and the parties actually discussed plaintiffs' desire to amend their complaint to add two additional parties during the status conference.
In their opposition to defendants' motion, plaintiffs further explain that, "[a]s was discussed at length before Judge Zainey, . . . [t]he individuals providing information are elderly and have to test their memory from nearly five decades ago. Not surprisingly, information has been difficult to obtain."
Defendants finally argue that, if this Court does not overturn its previous order, defendants "would be prejudiced substantially by potentially being divested of a meritorious statute of limitations defense."
The Court is not persuaded that Judge Zainey's order itself or this Court's refusal to overturn Judge Zainey's order substantially prejudices Lockheed and General Dynamics. The Court further finds that the factors identified by the Fifth Circuit in S & W Enterprises, 315 F.3d at 536, overall support Judge Zainey's decision to modify the scheduling order. Accordingly, the Court concludes that Judge Zainey's order did not constitute a "manifest error[] of law," and so it declines to overturn it. Waltman, 875 F.2d at 473. For that reason,