18 Cited authorities

Johnson v. Mammoth Recreations, Inc.
975 F.2d 604 (9th Cir. 1992) Cited 6,189 times
Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable
Ascon Properties, Inc. v. Mobil Oil Co.
866 F.2d 1149 (9th Cir. 1989) Cited 1,320 times
Holding that the ninety-day notice requirement is jurisdictional
Chodos v. West Publishing Co.
292 F.3d 992 (9th Cir. 2002) Cited 589 times
Holding that the district court did not abuse its discretion in finding undue delay and denying motion for leave to amend where the "new" facts the plaintiff sought to allege were previously available to him
Acri v. International Ass'n of Machinists & Aerospace Workers
781 F.2d 1393 (9th Cir. 1986) Cited 370 times
Holding that accrual of cause of action was question of law when evidentiary facts regarding accrual were not in dispute
Texaco, Inc. v. Ponsoldt
939 F.2d 794 (9th Cir. 1991) Cited 311 times
Holding that an eight-month delay was unreasonable
M/V American Queen v. San Diego Marine Contruction Corp.
708 F.2d 1483 (9th Cir. 1983) Cited 367 times
Holding parties to an exculpatory clause where the parties' intent is clear
Cowen v. Bank United of Texas, FSB
70 F.3d 937 (7th Cir. 1995) Cited 206 times
Holding parties may waive objections under the rule against one-way intervention
Fossen v. Blue Cross & Blue Shield of Montana, Inc.
660 F.3d 1102 (9th Cir. 2011) Cited 129 times 2 Legal Analyses
Holding that district court was within its discretion in denying leave to amend where theory was raised first in opposition to summary judgment
Parish v. Frazier
195 F.3d 761 (5th Cir. 1999) Cited 146 times
Holding plaintiff bears the burden of showing that delay was due to oversight, inadvertence or excusable neglect
Contact Lumber Co. v. P.T. Moges Shipping Co.
918 F.2d 1446 (9th Cir. 1990) Cited 140 times
Holding that "the inability to implead other parties directly involved in the controversy is a factor which weighs against the retention of jurisdiction"
Rule 16 - Pretrial Conferences; Scheduling; Management
Fed. R. Civ. P. 16 Cited 33,703 times 51 Legal Analyses
Adopting the sanctions authorized by Rule 37(b)

CTC Global Corporation v. Jason Huang et al

18 Cited authorities

Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable

Holding that the ninety-day notice requirement is jurisdictional

Holding that the district court did not abuse its discretion in finding undue delay and denying motion for leave to amend where the "new" facts the plaintiff sought to allege were previously available to him

Holding that accrual of cause of action was question of law when evidentiary facts regarding accrual were not in dispute

Holding that an eight-month delay was unreasonable

Holding parties to an exculpatory clause where the parties' intent is clear

Holding parties may waive objections under the rule against one-way intervention

Holding that district court was within its discretion in denying leave to amend where theory was raised first in opposition to summary judgment

Holding plaintiff bears the burden of showing that delay was due to oversight, inadvertence or excusable neglect

Holding that "the inability to implead other parties directly involved in the controversy is a factor which weighs against the retention of jurisdiction"

Adopting the sanctions authorized by Rule 37(b)