17 Cited authorities

  1. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,433 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
  2. Johnson v. Mammoth Recreations, Inc.

    975 F.2d 604 (9th Cir. 1992)   Cited 6,358 times
    Holding the "good cause" standard of Rule 16 controls after a scheduling order establishes the pleading timetable
  3. Lucente v. International Bus. Machines Corp.

    310 F.3d 243 (2d Cir. 2002)   Cited 1,465 times   2 Legal Analyses
    Holding that the New York rule does not apply in breach of contract cases
  4. Parker v. Columbia Pictures Industries

    204 F.3d 326 (2d Cir. 2000)   Cited 1,339 times   3 Legal Analyses
    Holding that "summary judgment may be appropriate under Cleveland where the SSDI and ADA claims ‘involve directly conflicting statements about purely factual matters’ "
  5. Holmes v. Grubman

    568 F.3d 329 (2d Cir. 2009)   Cited 825 times
    Affirming order denying leave to amend after scheduling order deadline because "[t]he record [wa]s devoid of evidence supporting plaintiffs' contention that good cause existed for the District Court to modify its scheduling order"
  6. Block v. First Blood Associates

    988 F.2d 344 (2d Cir. 1993)   Cited 979 times
    Holding that a grant of amendment was proper even with a four-year delay because the non-movant could not show prejudice
  7. Cresswell v. Sullivan Cromwell

    922 F.2d 60 (2d Cir. 1990)   Cited 544 times
    Holding that a United States citizen domiciled abroad cannot ever be diverse from any opposing party
  8. Bigio v. Coca-Cola Co.

    675 F.3d 163 (2d Cir. 2012)   Cited 156 times
    Finding that plaintiff failed to show agency relationship between parent and subsidiary where the plaintiffs alleged that the parent invested in the subsidiary, continued to do business with the subsidiary through the case, and advised the subsidiary on the subject of profitability, and that the allegations "amount[ed] to nothing more than the usual concomitants of the relationship between a parent and a partially-owned subsidiary"
  9. Evans v. Syracuse City School Dist

    704 F.2d 44 (2d Cir. 1983)   Cited 314 times
    Holding that "whether a motion to amend should be granted or denied must depend upon the sound discretion of the trial court" and that it would be an abuse of discretion to allow for amendment three years after the defense became available and six days before trial after two pretrial conferences because amendments should be tendered no later than the time of pretrial
  10. Rent-A-Center, Inc. v. 47 Mamaroneck Ave. Corp.

    215 F.R.D. 100 (S.D.N.Y. 2003)   Cited 139 times
    Holding that the good cause standard requires that a "movant must show that the deadlines cannot be reasonably met despite its diligence"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 92,835 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
  14. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 34,667 times   53 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)