Eichin underwent a procedure requiring surgical staplers, including one used to create an anastomosis that later leaked. He filed suit in October 2021 against the manufacturers.
The district court issued its fifth scheduling order in November 2023, extending Eichin’s expert disclosure deadline to March 15, 2024. Eichin failed to disclose any experts by that date.
Defendants moved for summary judgment. Twenty days after the deadline passed, Eichin moved to amend the scheduling order to extend the deadline.
The district court denied the motion, finding Eichin failed to satisfy Federal Rule of Civil Procedure 16(b)(4)’s “good cause” standard. The court granted summary judgment for Defendants, ruling that Eichin’s failure to proffer expert testimony was fatal to his claims.
Eichin appealed, arguing the district court should have applied Federal Rule of Civil Procedure 6 instead of Rule 16. The Fourth Circuit disagreed, holding that Rule 16(b)(4)’s good cause standard applies when a party seeks to extend a scheduling order deadline after it has passed.
The Fourth Circuit affirmed the district court’s finding that Eichin failed to demonstrate diligence. The court noted that discovery began in March 2022 and the deadline was extended multiple times.
Eichin claimed he could not retain an expert because Defendants failed to provide complete answers to discovery requests. The Fourth Circuit found these arguments did not demonstrate diligence, noting Eichin waited almost four months after receiving the stapler identity in December 2023 to seek an extension.
Eichin’s counsel conceded during oral argument that the absence of expert evidence was fatal to his claims. The Fourth Circuit affirmed the judgment.