Premier Comp Solutions LLC v. UPMC, 970 F.3d 316 (3rd Cir. 2020). · Go Syfert
Premier Comp Solutions LLC v. UPMC, 970 F.3d 316 (3rd Cir. 2020). Cases Citing This Book View Copy Cite
311 citation events (311 in the last 25 years) across 15 distinct courts.
Strongest positive: ATB Marine, LLC v. AES Puerto Rico, L.P., v. Logistec Gulf Coast LLC (ded, 2026-02-18) · Strongest negative: USA ex rel Michael S. Lord v. North American Partners In Anesthesia, LLP (pamd, 2021-07-01)
Treatment trajectory · 2020 → 2026 · click a year to view as-of
2020 2023 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" USA ex rel Michael S. Lord v. North American Partners In Anesthesia, LLP (3×) also: Cited as authority (rule), Cited as authority (verbatim quote)
M.D. Penn. · 2021 · signal: but see · 1 verbatim quote · confidence high
a party must meet this standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
examined Cited as authority (verbatim quote) ATB Marine, LLC v. AES Puerto Rico, L.P., v. Logistec Gulf Coast LLC
D. Del. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
when a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) of the federal rules of civil procedure applies.
discussed Cited as authority (verbatim quote) Russell Williams, on behalf of the Estate of Jason E. Williams v. City of Trenton, et al.
D.N.J. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
discussed Cited as authority (verbatim quote) ALPINE COUNTRY CLUB v. SOMPO AMERICA INSURANCE COMPANY
D.N.J. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a party must meet th standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
discussed Cited as authority (verbatim quote) PENSO v. BOMBARDIER TRANSPORTATION (HOLDINGS) USA, INC.
D.N.J. · 2024 · quote attribution · 1 verbatim quote · confidence high
e have repeatedly recognized - and we reaffirm today - that whether 'good cause' exists under rule 16(b)(4) depends in part on a plaintiff's diligence.
discussed Cited as authority (verbatim quote) PARAGON ADVANCED TECHNOLOGIES, INC. v. ECKELS
D.N.J. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
examined Cited as authority (verbatim quote) CURTIS v. NEW JERSEY STATE POLICE (2×)
D.N.J. · 2024 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
examined Cited as authority (verbatim quote) THE LITTLE PUEBLO INN, LLC v. WILLARD ALONZO STANBACK, P.C. (2×)
D.N.J. · 2024 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
discussed Cited as authority (verbatim quote) DOE v. LEDBETTER
D.N.J. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
discussed Cited as authority (verbatim quote) GOVERNMENT EMPLOYEES INSURANCE CO v. MIAN
D.N.J. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4)... applies.
discussed Cited as authority (verbatim quote) ABELL v. PACIRA PHARMACEUTICALS INC
D.N.J. · 2023 · quote attribution · 1 verbatim quote · confidence high
a party must meet this standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
examined Cited as authority (verbatim quote) M. COHEN AND SONS, INC. v. PLATTE RIVER INSURANCE COMPANY
D.N.J. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e take this opportunity to clarify that when a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
discussed Cited as authority (verbatim quote) PORCARO v. NEXEL INDUSTRIES, INC.
D.N.J. · 2022 · quote attribution · 1 verbatim quote · confidence high
e have repeatedly recognized - and we reaffirm today - that whether 'good cause' exists under rule 16(b)(4) depends in part on a plaintiff's diligence.
discussed Cited as authority (verbatim quote) Hennix v. BELFOR USA GROUP, INC.
E.D. Pa. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hen a party moves to amend or add a party after the deadline in a district court's order has passed, the 'good cause' standard of rule 16(b)(4) of the federal rules of civil procedure applies.
discussed Cited as authority (verbatim quote) PLETCHER v. GIANT EAGLE, INC.
W.D. Pa. · 2022 · quote attribution · 1 verbatim quote · confidence high
party must meet standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
discussed Cited as authority (verbatim quote) NATIONAL LIABILITY & FIRE INSURANCE COMPANY v. BRIMAR TRANSIT, INC.
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
party must meet standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
examined Cited as authority (verbatim quote) DOE v. THE HOSPITAL OF UNIVERSITY OF PENNSYLVANIA (4×) also: Cited "see, e.g."
E.D. Pa. · 2021 · signal: see · quote attribution · 3 verbatim quotes · confidence high
before addressing premier's arguments on appeal, we take this opportunity to clarify that when a party moves to amend or add a party after the deadline in a district court's order has passed, the 'good cause' standard of rule 16(b)(4) of the federal rules of civil procedure appli…
discussed Cited as authority (verbatim quote) Targus International LLC v. Victorinox Swiss Army, Inc. (2×) also: Cited as authority (rule)
D. Del. · 2021 · quote attribution · 1 verbatim quote · confidence high
a party must meet standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
examined Cited as authority (verbatim quote) WHITE v. BUSH (3×) also: Cited "see, e.g."
E.D. Pa. · 2021 · signal: see · quote attribution · 2 verbatim quotes · confidence high
before addressing premier's arguments on appeal, we take this opportunity to clarify that when a party moves to amend or add a party after the deadline in a district court's order has passed, the 'good cause' standard of rule 16(b)(4) of the federal rules of civil procedure appli…
discussed Cited as authority (verbatim quote) MARTIN v. BUONO (2×) also: Cited "see, e.g."
E.D. Pa. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hether 'good cause' exists under rule 16(b)(4) depends in part on a plaintiff's diligence.
discussed Cited as authority (verbatim quote) REYNOLDS v. SLIPPERY ROCK UNIVERSITY OF PA (2×) also: Cited as authority (rule)
W.D. Pa. · 2021 · quote attribution · 1 verbatim quote · confidence high
a party must meet standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
discussed Cited as authority (verbatim quote) EMA Financial, LLC v. nFUSZ, Inc.
S.D.N.Y. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
whether 'good cause' exists under rule 16(b)(4) depends in part on a 's diligence
examined Cited as authority (verbatim quote) SHRIEVES v. PHILADELPHIA GAS WORKS (5×) also: Cited "see", Cited "see, e.g."
E.D. Pa. · 2020 · quote attribution · 3 verbatim quotes · confidence high
before addressing premier's arguments on appeal, we take this opportunity to clarify that when a party moves to amend or add a party after the deadline in a district court's order has passed, the 'good cause' standard of rule 16(b)(4) of the federal rules of civil procedure appli…
discussed Cited as authority (verbatim quote) Dasso International, Inc. v. MOSO North America, Inc. (2×) also: Cited as authority (rule)
D. Del. · 2020 · quote attribution · 1 verbatim quote · confidence high
a party must meet standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
examined Cited as authority (verbatim quote) Dasso International, Inc. v. MOSO North America, Inc. (3×) also: Cited as authority (rule), Cited "see"
D. Del. · 2020 · quote attribution · 1 verbatim quote · confidence high
a party must meet standard before a district court considers whether the party also meets rule 15(a)'s more liberal standard.
discussed Cited as authority (quoted) SULLIVAN v. WISLER
D.N.J. · 2025 · quote attribution · 1 verbatim quote · confidence low
e have repeatedly recognized-and we reaffirm today- that whether 'good cause' exists under rule 16(b)(4) depends in part on a plaintiff's diligence.
discussed Cited as authority (quoted) Morrison v. The Nemours Foundation
D. Del. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
in its motion, relied solely on rule 15(a); it did not address rule 16(b)(4) except in reply to . so the district court was entitled to find forfeited its argument under rule 16(b)(4).
examined Cited as authority (quoted) <font color=\red\">DO NOT FILE IN THIS CASE</font> TRANSFERRED TO CAMDEN NEW CIVIL ACTION NO. 1:21-cv-10175" (2×)
D.N.J. · 2024 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
hen a party moves to amend or add a party after the deadline in a district court's scheduling order has passed, the 'good cause' standard of rule 16(b)(4) . . . applies.
discussed Cited as authority (quoted) HANSEN v. SPEEDWAY 06805
E.D. Pa. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence low
hether 'good cause' exists under rule 16(b)(4) depends in part on a plaintiff's diligence.
cited Cited as authority (rule) Belvac Production Machinery, Inc. v. Adonis Acquisition Holdings LLC
D. Del. · 2026 · confidence medium
Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020); see also FED.
cited Cited as authority (rule) Faranak Pahlevani, Ph.D. v. The Pennsylvania State University
M.D. Penn. · 2026 · confidence medium
A party must meet this standard before a district court considers whether the party also meets Rule 15(a)’s more liberal standard.” , 970 F.3d 316, 319 (3d Cir. 2020); Fed.
discussed Cited as authority (rule) Clark v. Vt Construction
Vt. Super. Ct. · 2026 · confidence medium
A party must meet this standard before a district court considers whether the party also meets Rule 15(a)’s more liberal standard.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020) (footnote omitted); see also Parker v. Columbia Pictures Indus., 204 F.3d 326 , 340 (2d Cir. 2000) (“We now join these courts in holding that despite the lenient standard of Rule 15(a), a district court does not abuse its discretion in denying leave to amend the pleadings after the deadline set in the scheduling order where the moving party has failed to establish good cause.”); Sosa v. Airp…
discussed Cited as authority (rule) Martin Over v. Amedisys, Inc.
W.D. Pa. · 2026 · confidence medium
Amendment Federal Rule of Civil Procedure 15(a)(2) requires district courts to “freely give leave [to amend] when justice so requires.” Premier Comp Sols., LLC vy, UPMC, 970 F.3d 316, 318 (Gd Cir. 2020).
cited Cited as authority (rule) Keith Dawn v. The Press Enterprise Inc.; Paul Eyerly; and Brandon Eyerly
M.D. Penn. · 2026 · confidence medium
Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 318 (3d Cir. 2020).
cited Cited as authority (rule) Corteva Agriscience LLC, Pioneer Hi-Bred International, Inc., Agrigenetics, Inc. v. Inari Agriculture, Inc., Inari Agriculture NV
D. Del. · 2026 · confidence medium
Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020) (citations omitted).
discussed Cited as authority (rule) Jennifer Scarborough, as Executor of the Estate of Wyleek Tinsley, Deceased v. Township of Abington, et al.
E.D. Pa. · 2026 · confidence medium
No. 48.) “[W]hen a party moves to amend or add a party after a deadline in a district court’s scheduling order has passed,” they must meet Rule 16(b)(4)’s “good cause” standard before the Court “considers whether the party also meets Rule 15(a)’s more liberal standard.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
cited Cited as authority (rule) John Flynn, on behalf of himself and all others similarly situated v. Shell Chemical Appalachia, LLC
W.D. Pa. · 2026 · confidence medium
Premier Comp Solutions, LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
cited Cited as authority (rule) September McDowell and Robert Robinson v. City of Elizabeth, et al.
D.N.J. · 2025 · confidence medium
Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
discussed Cited as authority (rule) Rodney Tyger, et al v. Precision Drilling Corp., et al.
M.D. Penn. · 2025 · confidence medium
Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020) (holding that “[W]hen a party moves to amend or add a party after the deadline in a district court’s scheduling order has passed, the ‘good cause’ standard of Rule 16(b)(4) of the Federal Rules of Civil Procedure applies.
cited Cited as authority (rule) Hayriye Gok v. United States
3rd Cir. · 2025 · confidence medium
P. 15(a)(2); Premier Comp Sols., LLC, 970 F.3d at 319. 4 As Gok notes, the District Court did not provide much analysis.
discussed Cited as authority (rule) Harborview Capital Partners, LLC v. Cross River Bank
D.N.J. · 2025 · confidence medium
When a party moves to amend a pleading “after the deadline in a district court’s scheduling order has passed, the ‘good cause’ standard of Rule 16(b)(4) … applies,” and a “party must meet this standard before a district court considers whether the party also meets Rule 15(a)’s more liberal standard.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020); see WAG Acquisition, LLC v. Gattyan Grp.
discussed Cited as authority (rule) Oxford House Inc v. Township of North Bergen (2×)
3rd Cir. · 2025 · confidence medium
Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
discussed Cited as authority (rule) Angel Sullivan-Blake and Horace Claiborne, on behalf of themselves and others similarly situated v. FedEx Ground Package System, Inc.
D. Maryland · 2025 · confidence medium
The United States Court of Appeals for the Third Circuit has explained that, “when a party moves to amend or add a party after the deadline in a district court’s scheduling order has passed, the ‘good cause’ standard of Rule 16(b)(4) of the Federal Rules of Civil Procedure applies.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
cited Cited as authority (rule) WALDEN v. THE BANK OF NEW YORK MELLON CORPORATION
W.D. Pa. · 2025 · confidence medium
Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
examined Cited as authority (rule) GRIECO v. PHILADELPHIA SIGN CO., INC. (3×) also: Cited "see"
D.N.J. · 2025 · confidence medium
For this sole reason, the motion will be denied. 3 The Court should also note that the two cases cited with respect to Rule 6 are either entirely out of context or predate the Third Circuit’s holding in Premier Comp Solutions, LLC v. UPMC. 970 F.3d at 319.
discussed Cited as authority (rule) MORA v. NEW JERSEY OFFICE OF THE PUBLIC DEFENDER
D.N.J. · 2025 · confidence medium
The Third Circuit Court of Appeals has instructed that “when a party moves to amend or add a party after the deadline in a district court’s scheduling order has passed, the ‘good cause’ standard of Rule 16(b)(4) of the Federal Rules of Civil Procedure applies” and “[a] party must meet this standard before a district court considers whether the party also meets Rule 15(a)’s more liberal standard.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020) (footnote omitted); see also Lasermaster Int’l Inc. v. Neth.
discussed Cited as authority (rule) Vrabec v. Geisinger Clinic
M.D. Penn. · 2025 · confidence medium
Good cause may also be satisfied if the movant shows that the inability to comply with a scheduling order is due to any mistake, excusable neglect or any other factor which might understandably account for failure to counsel to undertake to comply with the Scheduling Order.”11 One such circumstance arises where “the movant learns of the facts supporting [the motion] after expiration of the relevant filing deadline.”12 9 Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020). 10 Race Tires Am., Inc. v. Hoosier Racing Tire Corp., 614 F.3d 57, 84 (3d Cir. 2010). 11 Faiella v. Sun…
cited Cited as authority (rule) CABRERA v. OLIPHANT FINANCIAL, LLC
D.N.J. · 2025 · confidence medium
LLC v. UPMC, 970 F. 3d 316, 319 (3d.
discussed Cited as authority (rule) DAMOUNI v. CITIMORTAGE, INC.
D.N.J. · 2025 · confidence medium
P. 16(b)(4). “[W]hen a party moves to amend or add a party after the deadline in a district court’s scheduling order has passed, the ‘good cause’ standard of Rule 16(b)(4) of the Federal Rules of Civil Procedure applies.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
discussed Cited as authority (rule) JAFFE v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA
D.N.J. · 2025 · confidence medium
P. 16(b)(4). “[W]hen a party moves to amend or add a party after the deadline in a district court’s scheduling order has passed, the ‘good cause’ standard of Rule 16(b)(4) of the Federal Rules of Civil Procedure applies.” Premier Comp Sols., LLC v. UPMC, 970 F.3d 316, 319 (3d Cir. 2020).
Retrieving the full opinion text from the archive…
Premier Comp Solutions LLC
v.
UPMC
19-1838.
Court of Appeals for the Third Circuit.
Aug 12, 2020.
970 F.3d 316
PRECEDENTIAL

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT

No. 19-1838

PREMIER COMP SOLUTIONS, LLC,
Appellant

v.

UPMC, a Pennsylvania nonprofit non-stock corporation;
UPMC BENEFITS MANAGEMENT SERVICES, INC.,
doing business as UPMC WORKPARTNERS;
UPMC HEALTH BENEFITS, INC., doing business as
UPMC WORKPARTNERS; MCMC LLC,
a wholly-owned subsidiary of York Risk Management

On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 2-15-cv-00703)
District Judge: Honorable David S. Cercone

Submitted under Third Circuit L.A.R 34.1(a)
March 2, 2020

Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE,
Circuit Judges.

(Filed: August 12, 2020)

Jeffrey S. Jacobovitz
Arnall Golden & Gregory
1775 Pennsylvania Avenue, N.W.
Suite 1000
Washington, DC 20006

Stanley M. Stein
Stanley M. Stein
445 Fort Pitt Boulevard
Suite 150
Pittsburgh, PA 15219
Attorneys for Appellant Premier Comp Solutions, LLC

Richard B. Dagen
Daniel K. Oakes
Thomas G. Rohback
Axinn Veltrop & Harkrider
950 F Street, N.Q.
7th Floor
Washington, DC 20004

Peter S. Wolff
Pietragallo Gordon Alfano Bosick & Raspanti
301 Grant Street
One Oxford Centre, 38th Floor
Pittsburgh, PA 15219
Attorneys for Appellees UPMC, UPMC Benefits
Management Services, Inc, and UPMC Health Benefits Inc

2

Paul S. Mazeski
Curtis M. Schaffner
Buchanan Ingersoll & Rooney
501 Grant Street
One Oxford Centre, Suite 200
Pittsburgh, PA 15219
Attorneys for Appellee MCMC LLC

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal implicates a district court’s discretion to manage its docket. Well after the deadline the District Court set in a scheduling order, Plaintiff Premier Comp Solutions, LLC, moved to amend its complaint and add a party. In support, Premier cited the liberal standard of Rule 15 of the Federal Rules of Civil Procedure. The Court denied the motion, reasoning that because the deadline had passed, Rule 16(b)(4) required Premier to show good cause. Premier appeals the Court’s order denying its motion. We will affirm because Rule 16(b)(4) applies once a scheduling-order deadline has passed, and Premier did not show good cause.

I

Premier sued UPMC WorkPartners and MCMC LLC, alleging federal antitrust and state unfair competition claims. The District Court issued a Case Management Order (CMO) on February 22, 2016, stating that “[t]he parties shall move to amend the pleadings or add new parties by June 22, 2016.” App. 246. On the day of the deadline, Premier requested an extension. The Court agreed and set a new deadline for thirty days after UPMC responded to Premier’s discovery requests. Because UPMC finished responding to those requests on October 14, 2016, the new deadline became November 13, 2016.

[*318]

November 13 passed without Premier requesting another extension. Months later, on March 7, 2017, Premier deposed a UPMC employee who, according to Premier, testified to facts suggesting UPMC and York Risk Management Group had entered into an illegal bid-rigging agreement. It moved to file a second amended complaint asserting a new antitrust count and adding York as a defendant. In its brief, Premier asked the District Court to apply Rule 15(a) of the Federal Rules of Civil Procedure, which states that courts should “freely give[] [leave to amend] when justice so requires.” App. 563. Premier did not mention Rule 16(b)(4), which says a CMO “may be modified only for good cause and with the judge’s consent.”

UPMC countered that Premier’s motion “relie[d] on the wrong rule” and failed to show diligence, App. 630–31, which we have recognized as relevant to a district court’s determination of “good cause” under Rule 16(b)(4), see, e.g., Race Tires Am., Inc. v. Hoosier Racing Tire Corp., 614 F.3d 57, 84–85 (3d Cir. 2010) (deciding a district court “properly denied leave to amend” after plaintiff moved to amend after the CMO deadline and failed to show “due diligence”). In reply, Premier conceded that Rule 16(b)(4) applied and argued for the first time that it had been diligent. Premier did not dispute that diligence was relevant to the Court’s good-cause determination under Rule 16(b)(4).

[*319]

The District Court denied Premier’s motion. It noted Premier failed “to even discuss due diligence, relying instead on Rule 15(a).” App. 3. Thus, Premier “utterly fail[ed] to establish good cause” under Rule 16(b)(4). Id. Premier moved for reconsideration, arguing that while it “initially rel[ied] solely on the liberal leave to amend standard of Rule 15(a),” its “subsequent reply briefs . . . discuss the Rule 16(b)(4) ‘good cause’ standard and [Premier’s] due diligence in depth.” App. 1185. The Court denied reconsideration. It explained it would not consider “issues raised by [Premier] for the first time in its reply brief.” App. 1266. UPMC and MCMC later moved for summary judgment, which the Court granted. Premier appeals the Court’s order denying its motion to amend.

II

The District Court had jurisdiction under 28 U.S.C. §§ 1331 and 1367. We have jurisdiction under 28 U.S.C. § 1291. We review for abuse of discretion the order denying Premier’s motion to amend. Race Tires, 614 F.3d at 84.

Before addressing Premier’s arguments on appeal, we take this opportunity to clarify that when a party moves to amend or add a party after the deadline in a district court’s scheduling order has passed, the “good cause” standard of Rule 16(b)(4) of the Federal Rules of Civil Procedure applies. A party must meet this standard before a district court considers whether the party also meets Rule 15(a)’s more liberal standard.[1] Premier makes two arguments on appeal: (1) Rule 16(b)(4)’s “good cause” standard does not require a party to show diligence; and (2) if such a showing is required, its reply brief sufficed. Neither argument supports reversal of the District Court’s order.

[*320]

Premier failed to present the first argument to the District Court and so forfeited it on appeal. App. 814–35, 1185–89, 1258–65; see In Re: J & S Props., LLC, 872 F.3d 138, 146 (3d Cir. 2017) (citing United States v. Joseph, 730 F.3d 336, 341–42 (3d Cir. 2013)) (explaining arguments not raised in the district court are forfeited on appeal). Regardless, we have repeatedly recognized—and we reaffirm today—that whether “good cause” exists under Rule 16(b)(4) depends in part on a plaintiff’s diligence. See Race Tires, 614 F.3d at 84– 85; Eastern Minerals & Chemicals Co. v. Mahan, 225 F.3d 330, 340 (3d Cir. 2000).

As for Premier’s second argument, the Court did not abuse its discretion in ignoring Premier’s attempt to address Rule 16(b)(4)’s “good cause” standard. In its motion, Premier relied solely on Rule 15(a); it did not address Rule 16(b)(4)

Cir. 2014); Alioto v. Town of Lisbon, 651 F.3d 715, 719 (7th Cir. 2011); Nourison Rug Corp. v. Parvizian, 535 F.3d 295, 298 (4th Cir. 2008); O’Connell v. Hyatt Hotels of Puerto Rico, 357 F.3d 152, 154–55 (1st Cir. 2004); Leary v. Daeschner, 349 F.3d 888, 906, 909 (6th Cir. 2003); S&W Enters., LLC v. SouthTrust Bank of Ala., NA, 315 F.3d 533, 535–36 (5th Cir. 2003); Parker v. Columbia Pictures Indus., 204 F.3d 326, 340 (2d Cir. 2000); In re Milk Prods. Antitrust Litig., 195 F.3d 430, 437 (8th Cir. 1999); Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998) (per curiam); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607–08 (9th Cir. 1992).

[*321]

except in reply to UPMC. So the District Court was entitled to find Premier forfeited its argument under Rule 16(b)(4). See, e.g., Narducci v. Moore, 572 F.3d 313, 324 (7th Cir. 2009); cf. Venuto v. Carella, Byrne, Bain, Gilfillan, Cecchi & Stewart, P.C., 11 F.3d 385, 388 (3d Cir. 1993) (“The district court properly exercised its discretion and refused to consider contentions first addressed in [a] sur reply memorandum.”) (citation omitted).

* * *

For the reasons stated, we will affirm the District Court’s order denying Premier’s motion to amend and add a new party.

[*322]

1 This interpretation is consistent with all of our sister circuits that have addressed the issue. See Gorsuch, Ltd., B.C. v. Wells Fargo Nat’l Bank Ass’n, 771 F.3d 1230, 1241 (10th