Bradford v. DANA Corp.

• Decision Date: 11 January 2001
• Docket Number: No. 00-2130,00-2130
• Citation: 249 F.3d 807
• Parties: (8th Cir. 2001) PATRICE BRADFORD, APPELLANT, v. DANA CORPORATION, SEALED POWER DIVISION, APPELLEE. Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 807

249 F.3d 807 (8th Cir. 2001)

PATRICE BRADFORD, APPELLANT, v. DANA CORPORATION, SEALED POWER DIVISION, APPELLEE.

No. 00-2130

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: January 11, 2001

Filed: April 13, 2001

Appeal from the United States District Court for the Eastern District of Missouri.

Before Beam, Morris Sheppard Arnold, Circuit Judges, and Doty ¹, District Judge.

Beam, Circuit Judge.

Patrice Bradford appeals the district court's ² denial of her motions seeking additional time to respond to appellee DANA Corporation's ("DANA") motion for summary judgment, to conduct discovery and to modify the case management order to set a later trial date. She also alleges the district court erred in granting summary judgment to DANA without granting these motions. We affirm.

Bradford filed this action on February 2, 1998, alleging DANA demoted, suspended and terminated her on the bases of race and gender. After preliminary motions were decided, DANA filed its answer to Bradford's complaint on January 26, 1999. On February 22, 1999, the parties submitted a proposed joint scheduling order, pursuant to which the district court, on March 2, 1999, issued a case management order ("CMO"). The CMO set out a detailed schedule for discovery, briefing and trial and specified it would be modified only upon a showing of exceptional circumstances.

On July 27, 1999, Bradford's attorney, Benjamin Hudson, moved to withdraw as counsel, alleging Bradford had terminated her retainer agreement and informed him she had secured alternate counsel. He also stated Bradford had failed either to compensate him for his efforts or to heed his legal advice. On August 31, 1999, the district court granted Hudson's motion. In doing so, the district court ordered Bradford to inform the court, within 15 days, whether she would retain new counsel or proceed pro se. Bradford did not comply with this instruction. On December 3, 1999, DANA moved for summary judgment. On December 23, 1999, Bradford filed a pro se memorandum requesting additional time to respond and a continuance to retain counsel. The district court granted Bradford's request for additional time, allowing her until January 31, 2000, to respond to the summary judgment motion. The district court denied Bradford's request for a continuance. Bradford failed to respond to DANA's summary judgment motion. On March 13, 2000, Bradford's present counsel entered an appearance. On March 13 and 17, 2000, Bradford filed motions seeking to modify the CMO to permit her additional time for discovery, to respond to the summary judgment motion, and to push back the April 3, 2000, trial date. Along with these motions, Bradford filed an affidavit detailing her efforts to retain counsel. On March 20, 2000, the district court denied all of Bradford's pending motions and granted DANA summary judgment. Bradford now appeals.

Bradford raises two separate, but entwined issues. ³ She first alleges the district court erred in denying her requests to modify the CMO to permit her additional time to respond, conduct discovery and to push back the impending trial date. Second, she argues the district court erred in awarding summary judgment without granting her motions. We address these claims in order.

Bradford's first argument challenges the degree to which case management orders should govern the course of litigation when parties fail to meet their requirements. It is true that the Federal Rules are usually liberally construed to permit parties to amend pleadings, add additional parties and to similarly control the pace of litigation. See, e.g,, Hopkins v. Saunders, 199 F.3d 968, 974 (8th Cir. 1999), cert. denied, ___U.S.___, 121 S. Ct. 176 (2000); Gray v. Bicknell, 86 F.3d 1472, 1481 (8th Cir. 1996). As regards case management orders, however, the Federal Rules set a less forgiving standard. Federal Rule of Civil Procedure 16(b) specifies that such an order "shall not be modified except upon a showing of good cause and by leave of the district judge." Thus, a moving party must first make the requisite showing. Even then the district court retains discretion as to whether to grant the motion. As a vehicle designed to streamline the flow of litigation through our crowded dockets, we do not take case management orders lightly, and will enforce them. In re Milk Prods. Antitrust Litig., 195 F.3d 430, 437 (8th Cir. 1999), cert. denied sub nom. Rainy Lake One Stop, Inc. v. Marigold Food, Inc., 520 U.S. 1038 (2000). We review a district court's discovery rulings for abuse of discretion. Bunting v. Sea Ray, Inc., 99 F.3d 887, 890 (8th Cir. 1996).

The primary measure of Rule 16's "good cause" standard is the moving party's diligence in attempting to meet the case management order's requirements. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). "[T]he existence or degree of prejudice to the party opposing the modification" and other factors may also affect the decision. Id. In this case, however, we have no need to explore beyond the first criterion because the record clearly demonstrates that Bradford made only minimal efforts to satisfy the CMO's requirements.

Bradford first filed this action in February of 1998. The district court established its CMO in March of 1999....