Inter123 Corporation v. Ghaith

Filing 42

ORDER granting 40 Motion to Amend/Correct; finding as moot 41 Motion for Ruling. Plaintiff shall file its amended complaint on or before 6/3/2014. Signed by Judge David G Campbell on 5/28/2014.(DGC, nvo)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Inter123 Corporation,
Plaintiff,

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ORDER

v.

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No. CV-14-00463-PHX-DGC

Chadi Ghaith,

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Defendant.

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Plaintiff Inter123 Corporation has filed a motion for leave to file a second

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amended complaint pursuant to Rule 15 of the Federal Rules of Civil Procedure.

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Doc. 40. Defendant Chadi Ghaith has not responded. The Court will grant the motion.

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Rule 15 makes clear that the Court “should freely give leave [to amend] when

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justice so requires.” Fed. R. Civ. P. 15(a)(2). The policy in favor of leave to amend must

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not only be heeded, see Foman v. Davis, 371 U.S. 178, 182 (1962), it must be applied

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with extreme liberality, see Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 880

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(9th Cir. 2001). This liberality “is not dependent on whether the amendment will add

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causes of action or parties.” DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th

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Cir. 1987). The Court may deny a motion to amend if there is a showing of undue delay

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or bad faith on the part of the moving party, undue prejudice to the opposing party, or

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futility of the proposed amendment. See Foman, 371 U.S. at 182. Generally, however,

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“this determination should be performed with all inferences in favor of granting the

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motion.” Griggs v. Pace Am. Group, Inc., 170 F.3d 877, 880 (9th Cir. 1999).

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Plaintiff seeks to amend its complaint to add an additional claim against Mr.

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Ghaith for fraudulent conveyance under A.R.S. § 44-1004, and an additional defendant,

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Lawrence Darwish, to the fraudulent conveyance claim.

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Defendant has not responded to the motion, there has been no showing of undue delay,

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bad faith, undue prejudice, or futility. The Court will therefore grant the motion.

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Because

IT IS ORDERED:

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Doc. 40 at 3.

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Plaintiff’s motion to amend (Doc. 40) is granted. Plaintiff shall file its

amended complaint on or before June 3, 2014.
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Plaintiff’s motion for ruling (Doc. 41) is denied as moot.

Dated this 28th day of May, 2014.

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