Premier Comp Solutions LLC v. UPMC, No. 19-1838 (3d Cir. 2020)Annotate this Case
Premier sued UPMC under the federal antitrust and state unfair competition laws. Several months after the deadline the district court set in a scheduling order, Premier learned, in a deposition, about an illegal bid-rigging agreement with another party. Premier moved to amend its complaint and add a party, citing the liberal standard of Rule 15 of the Federal Rules of Civil Procedure. The Court denied the motion, reasoning that because the deadline had passed, Rule 16(b)(4) required Premier to show good cause.
The Third Circuit affirmed. Rule 16(b)(4) applies once a scheduling-order deadline has passed, and Premier did not show good cause. The district court had noted Premier failed “to even discuss due diligence, relying instead on Rule 15(a).”