Equal Employment Opportunity Commission, et al. v. Genesh, Inc.

Summary

The United States District Court for the District of Kansas grants intervenor-plaintiff LZ’s motion for leave to amend her complaint to withdraw her Kansas state-law claims. The court finds good cause under Federal Rule of Civil Procedure 16(b)(4) and permits amendment under Rule 15(a)(2), directing LZ to file the amended complaint by January 6, 2026.

Holdings

1. When a plaintiff seeks to abandon fewer than all claims against a defendant, the request is governed by Rule 15's amendment standards rather than Rule 41's dismissal provisions.
2. LZ demonstrated good cause under Rule 16(b)(4) to modify the scheduling-order deadline for amendment.
3. Leave to amend should be granted because Genesh did not establish undue prejudice, bad faith, undue delay, futility, or another sufficient reason to deny amendment.

Questions Presented

1. Whether LZ established good cause under Federal Rule of Civil Procedure 16(b)(4) to modify the expired scheduling-order deadline for amending pleadings.
2. Whether leave to amend should be granted under Federal Rule of Civil Procedure 15(a)(2) so LZ could abandon her Kansas state-law claims while retaining her federal claims.
3. Whether Federal Rule of Civil Procedure 41, rather than Rule 15, governed LZ's request to drop fewer than all claims.

Disposition

other