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67. What standard will the court use to determine whether to grant the owner's motion?
After discovery closed, the court entered a final pretrial order setting out the issues for trial. One week later, the owner moved to amend the order to include the issue of whether the manufacturer had also fraudulently misrepresented the car's fuel economy.
A car owner brought a federal diversity action against the car's manufacturer, alleging that the manufacturer had fraudulently misrepresented the car's compliance with federal emissions standards. The manufacturer answered, denying the allegations.
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A is incorrect. A final pretrial order may be amended only to prevent manifest injustice. Fed. R. Civ. Pro. 16(e). The «if justice so requires» standard, generally associated with pretrial amendments under Rule 15(a), does not apply in this setting.
B is incorrect. The language relating to «oversight, inadvertence, or excusable neglect» comes from FRCP 60(b), which governs motions seeking relief from a judgment. That Rule does not apply to motions to amend a final pretrial order.
C is incorrect. Under FRCP 16(e), a final pretrial order may be amended only to prevent manifest injustice. «Good cause» is the standard for amending a pretrial order under FRCP 16(b), but the higher «manifest injustice» standard applies once the court enters the final pretrial order.