Addante v. JPMorgan Chase Bank NA et al

Filing 16

ORDER denying 5 Motion to Dismiss as moot; granting 10 Motion for Leave to File a First Amended Complaint. Plaintiff shall file and serve it pursuant to LRCiv 15.1. Signed by Judge Frederick J Martone on 3/23/12.(LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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JP Morgan Chase, N.A. and California)
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Reconveyance Co.,
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Defendants.
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Shirley Addante,

No. CV 11-02374-PHX-FJM
ORDER

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We have before us plaintiff's motion for leave to file first amended complaint (doc.
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10) defendants' response (doc. 11), and plaintiff's reply (doc. 15). We also have before us
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defendants' motion to dismiss (doc. 5).
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When a party seeks to amend their complaint, we "should freely give leave when
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justice so requires." Rule 15(a)(2), Fed. R. Civ. P. Reasons counseling against granting
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leave to amend include "undue delay, bad faith or dilatory motive on the part of the movant,
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repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to
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the opposing party by virtue of allowance of the amendment, [or] futility of amendment."
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Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 230 (1962). "[I]t is the consideration of
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prejudice to the opposing party that carries the greatest weight." Eminence Capital, LLC v.
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Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003).
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Plaintiff's amended complaint drops one claim and does not allege any new causes of
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action. Her proposed changes mostly bring the factual allegations up to date and shorten or

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reword her allegations.

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amend.

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As a result, little prejudice will result if plaintiff is allowed to

IT IS ORDERED GRANTING plaintiff's motion for leave to file a first amended
complaint (doc. 10). Plaintiff shall file and serve it pursuant to LRCiv 15.1.
Because the amended complaint replaces the original complaint, IT IS FURTHER
ORDERED DENYING defendants' motion to dismiss as moot (doc. 5).
DATED this 23rd day of March, 2012.

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