United States District Court, D. Oregon
CHRISTOPHER M. REAVES, Plaintiff,
NEXSTAR BROADCASTING, INC., a Delaware corporation, and LIN TELEVISION CORPORATION dba KOIN-TV, a Delaware corporation, Defendants.
Mechanic Whitney Stark MECHANIC LAW FIRM Attorneys for
P. Busch MacCOLL BUSCH SATO, P.C. Charles W. Pautsch Lisa A.
Balocchi PAUTSCH SPOGNARDI & BAIOCCHI LEGAL GROUP, L.L.P
Attorneys for Defendant
OPINION & ORDER
A. HERNANDEZ UNITED STATES DISTRICT JUDGE.
Christopher Reaves brings this employment discrimination
action against Defendants Nexstar Broadcasting, Inc. and LIN
Television Corporation, dba KOIN-TV. In his Complaint,
Plaintiff raises disability discrimination claims under
federal and Oregon statutes, an Oregon statutory family leave
claim, and an intentional infliction of emotional distress
claim. Plaintiff moves to amend his Complaint. I deny the
proposed amendments relate to the acquisition of LIN
Television by Nexstar Broadcasting and to the Oregon family
leave claim. Thus, I recite the facts relevant only to those
issues. In the Complaint, Plaintiff first generally asserts
that his termination by KOIN-TV violated his rights under
various employment discrimination statutes and constituted
intentional infliction of emotional distress. Compl. ¶
1, ECF 1. He then alleges that he was employed by KOIN-TV
from April 23, 2012 until his October 16, 2015 termination.
Id. ¶ 5. He further alleges that "[i]n or
about 2017, Nexstar Broadcasting acquired LIN Television
Corporation dba KOIN-TV." Id. ¶ 6.
Defendants allegedly "did and continued to do business
as KOIN-TV in Portland, Oregon." Id.
proposed First Amended Complaint ("proposed FAC"),
Plaintiff adds allegations concerning Nexstar
Broadcasting's acquisition of LIN Television Corporation
in Paragraphs 5- 11. Prop. FAC, Pl.'s Mot to Amend, Ex.
A, ECF 28-1. There, Plaintiff asserts that when he was hired
in 2012, KOIN-TV was owned by LIN Television Corporation
which was a subsidiary of LIN Media LLC. Id. ¶
5. On or about December 19, 2014, LIN Media LLC merged with
Media General, Inc. and LIN Television Corporation became a
subsidiary of Media General, Inc. Id.
about January 27, 2017, Nexstar Broadcasting, through Nexstar
Media Group, Inc., entered into an "Agreement and Plan
of Merger" with Media General, Inc. Id. ¶
This merger agreement provided that all of the claims,
obligations, liabilities, debts, and duties of the merged
entities Nexstar Media Group, Inc. and Media General, Inc.,
shall become the claims, obligations liabilities, debts, and
duties of the surviving corporation. Id.
Plaintiff alleges, on or about January 11, 2017, the Federal
Communications Commission (FCC) issued an order transferring
the control applications and licenses of KOIN-TV and other
Media General, Inc. television stations to Nexstar Media,
Inc. Id. ¶ 8. On or about January 27, 2017, the
merger was completed. Id. On or about April 19,
2017, Nexstar filed a "Voluntary Statement of Foreign
Merger" with the Oregon Corporation Division stating the
"Name of Surviving Entity" as Nexstar Broadcasting,
Inc., and the "Name of Non-Surviving Entity" as LIN
Television Corporation. Id. Finally, in regard to
this issue, Plaintiff alleges that Defendant Nexstar
Broadcasting is a successor to Defendant LIN-TV and Media
General, Inc., and is liable for all of the acts and
omissions of LIN-TV and Media General, Inc. alleged by
Plaintiff in the Proposed FAC. Id. ¶ 11.
the family leave claim brought under the Oregon Family Leave
Act, Oregon Revised Statutes §§ (O.R.S.)
659A.150-659A.186 (OFLA), the caption of Plaintiff's
Complaint indicates that it contains a claim under the
"Oregon Family Medical Leave Act, ORS 659A.150 et
seq." Compl. p. 1. The caption of Plaintiff's
Ninth Claim for Relief in the original Complaint reads:
"Violation of Oregon Family Leave Act, ORS 659A.183 and
violation of ORS 659A.199-Retaliation." Compl. ¶ 70
(caption above paragraph number). Plaintiff re-alleges the
prior factual paragraphs. Id. (re-alleging
Paragraphs 1-29). Plaintiff then alleges in pertinent part
that Defendants committed an unlawful practice under OFLA,
"ORS 659A.183, by discriminating and retaliating against
Plaintiff because he requested and took family medical
leave." Id. ¶ 71.
proposed FAC, the renumbered factual background allegation
paragraphs contain no notable content changes. Prop. FAC
¶¶ 12-32. The caption to the Ninth Claim for Relief
has been changed to omit the reference to O.R.S. 659A.199.
Id. ¶ 74 (caption above paragraph). It now
reads: "Violation of Oregon Family Leave Act, ORS
659A.183 Retaliation and Discrimination." Id.
Plaintiff also incorporates the previously recited factual
background allegations and then alleges that Defendants
committed an unlawful practice under OFLA, "ORS
659A.183, by discriminating and retaliating against Plaintiff
because he requested and took family medical leave, including
interfering with the exercise of his rights under OFLA."
Id. ¶¶ 74, 75.
case was filed March 27, 2017. Almost four months later, on
July 14, 2017, the Court conducted a case scheduling
conference pursuant to Federal Rule of Civil Procedure 16.
ECF 19. The Court established various case deadlines
including a deadline requiring that all pleadings be due on
December 1, 2017, and a deadline to join all claims,
remedies, and parties by January 5, 2018. Id.
Because the motion to amend was filed on March 21, 2018, it
was filed after the deadline to amend all
party seeks leave to amend under Rule 15 after the date
specified in the scheduling order, the district court must
first determine whether that party has shown "good
cause" for amending the scheduling order under Rule
16(b). Branch Banking & Tr. Co. v. D.M.S.I.,
LLC, 871 F.3d 751, 764 (9th Cir. 2017); Johnson v.
Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir.
1992). "Rule 16(b)'s 'good cause' standard
primarily considers the diligence of the party seeking the
amendment. The district court may modify the pretrial
schedule 'if it cannot reasonably be met despite the
diligence of the party seeking the extension.'"
Johnson, 975 F.2d at 609 (quoting Fed.R.Civ.P. 16
Advisory Committee's notes (1983 amendment)). If the
moving "'party was not diligent, the inquiry should
end.'" Branch Banking & Trust Co., 871
F.3d at 764 ...