Simio loses at CAFC

Of note:

We also affirm the district court’s denial of leave for a different reason: Simio failed to show good cause for seeking leave to amend only after the scheduling order’s deadline. Although the district court did not reach this issue

we may affirm on “any grounds for which there is a record sufficient to permit conclusions of law, even grounds not relied upon by the district court.” Lambertsen v. Utah Dep’t of Corr., 79 F.3d 1024, 1029–30 (10th Cir. 1996) (quoting United States v. Sandoval, 29 F.3d 537, 542 n.6 (10th Cir. 1994)) (affirming denial of motion to amend complaint because, among other things, plaintiff failed to provide an adequate explanation for its delay in seeking amendment); see Johnson, 950 F.3d at 720 (“Although the district court justified its denial of leave to amend on other bases, we may affirm on any ground supported by the record . . . .”). Here, the record supports concluding that Simio failed to show good cause for its requested post-deadline amendment. In the Tenth Circuit, parties seeking leave to amend after a scheduling-order deadline must demonstrate good cause under Rule 16(b)(4).8 Gorsuch, Ltd., B.C. v. Wells Fargo Nat’l Bank Ass’n, 771 F.3d 1230, 1240 (10th Cir. 2014); see Fed. R. Civ. P. 16(b)(4) (providing that a scheduling order “may be modified only for good cause and with the judge’s consent”).