Rock Spring Plaza II, LLC v. Investors Warranty of America, LLC ( 2023 )

UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND PETER J. MESSITTE 6500 CHERRYWOOD LANE UNITED STATES DISTRICT JUDGE GREENBELT, MARYLAND 20770 301-344-0632 MEMORANDUM To: Counsel of Record From:. Judge Peter J. Messitte Re: Rock Spring Plaza II, LLC v. Investors Warranty of Am.. LLC Civil No, 20-1502 PJM Date: / | oo , 2023 Sef of 2 ok The Court has received Defendant Investors Warranty of America, LLC’s Motion for Leave to Amend Counterclaim (ECF No. 300), Plaintiff Rock Spring Plaza Il, LLC’s opposition thereto (ECF No. 311), and IWA’s Reply (ECF No. 313). IWA seeks to add one count for breach of contract, alleging that Plaintiff violated the 2006 Estoppel Agreement between them when it filed this lawsuit. IWA’s Motion for Leave to Amend Counterclaim (ECF No. 300) is DENIED as untimely. “[A]fter the deadlines provided by a scheduling order have passed, the good cause standard [of Rule 16] must be satisfied to justify leave to amend.” Wooton v. CL, LLC, 504 F. App’x 220, 223 (4th Cir. 2013). “Good cause” requires a showing that the party seeking to amend diligently attempted to comply with the deadline set forth in the scheduling order. Amaya v. DGS Constr., LLC, 326 F.R.D. 439,451 (D. Md. 2018). The deadline for amendments set forth in this matter’s scheduling order was January 15, 2021. ECF No. 31. Asa party to the 2006 Estoppel Agreement, [WA would have had all the information it needed to timely bring a breach of contract claim, but it did not seek leave to amend until more two and a half years after the deadline had passed and with only one month before discovery is set to end. In light of these facts, [WA has not shown diligence or “good cause” to justify the Court granting leave to amend... *” Despite the informal nature of this ruling, it shall constitute an Order of the Court and the Clerk is directed to docket it accordingly. at Celt J, Messitte United States District Judge CC: Court File