The longer a party delays, “the more likely the motion to amend will be denied, as protracted delay, with its attendant burdens on the opponent and the court, is itself a sufficient reason for the court to withhold permission to amend.” Id. The good cause “standard focuses on the diligence (or lack thereof) of the moving party more than it does on any prejudice to the party-opponent.” Steir, 383 F.3d at 12. Once a scheduling order is established and the cut-off date for amendments has passed, however, Federal Rule of Civil Procedure “16(b)’s more stringent good cause standard supplants Rule 15(a)’s leave freely given standard.” United States ex rel. When such leave is sought before the deadline for amendment of pleadings, it should be “freely” given “when justice so requires.” Fed. In some circumstances, a party may amend its pleading as a matter of course otherwise, as here, a party may amend its pleading only with the consent of the opposing party or leave of court. Girls Scouts of the USA, 383 F.3d 7, 11-12 (1st Cir. will be treated differently depending on its timing and the context in which it is filed.” See Steir v.

Lantmännen filed the 1 Case 2:21-cv-00087-JAW Document 33 Filed 05/19/22 of 5 PageID #: 173 instant motion on May 4, 2022, more than ten months after the deadline for doing so. The Court subsequently extended certain pretrial deadlines several times but did not extend the deadline for amendment. After Lantmännen filed its answer, the Court issued a scheduling order in April 2021 setting June 22, 2021, as the deadline for amendment of pleadings. Lantmännen removed the matter to this Court in March 2021. Background Tucker filed her complaint in state court in January 2021 asserting claims against Lantmännen for age and gender discrimination under the Maine Human Rights Act (MHRA) as well as for negligent misrepresentation and breach of contract. For the reasons that follow, I grant the motion. See Motion for Leave to File an Amended Answer (“Motion”) (ECF No. 2:21-cv-00087-JAW MEMORANDUM DECISION AND ORDER ON MOTION TO AMEND Lantmännen Unibake USA, Inc., seeks leave to amend its answer to Rinda Tucker’s complaint to assert an affirmative defense based on statutory damages caps. LANTMÄNNEN UNIBAKE USA, INC., Defendant ) ) ) ) ) ) ) ) ) ) No. 33 Case 2:21-cv-00087-JAW Document 33 Filed 05/19/22 of 5 PageID #: 172 UNITED STATES DISTRICT COURT DISTRICT OF MAINE RINDA TUCKER, Plaintiff v.

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