Jeneane Ottman v. Anthem Life Insurance Company

Filing 17

MINUTES (IN CHAMBERS) by Judge David O. Carter: Granting Plaintiff's Motion for Leave to File First Amended Complaint 16 ; Denying As Moot Defendant's Motion to Strike 12 ; and Motion to Dismiss 13 . See Order for details. (jtil)

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. SACV 15-0434-DOC (RNBx) Date: June 30, 2015 Title: JENEANE OTTMAN V. ANTHEM LIFE INSURANCE COMPANY PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE Nancy Boehme Courtroom Clerk Not Present Court Reporter ATTORNEYS PRESENT FOR PLAINTIFF: None Present ATTORNEYS PRESENT FOR DEFENDANT: None Present PROCEEDINGS (IN CHAMBERS): ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT [16]; DENYING AS MOOT DEFENDANT’S MOTION TO STRIKE [12] AND MOTION TO DISMISS [13] On May 20, 2015, Defendant Anthem Life Insurance Company filed a Motion to Strike (Dkt. 12) and a Motion to Dismiss (Dkt. 13), noticed to be heard on July 20, 2015. The notices of motions stated that Defendant would take the motions off calendar if Plaintiff decided to amend her Complaint. On June 29, 2015, Plaintiff filed a motion for leave to file a first amended complaint (Dkt. 16). Generally, leave to amend a pleading “shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a); see also Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990) (holding that Rule 15’s policy of favoring amendments to pleadings should be applied with “extreme liberality”). UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES – GENERAL Case No. SACV 15-0434-DOC (RNBx) Date: June 30, 2015 Page 2 Accordingly, the Court ORDERS as follows: (1) Plaintiff’s Motion is GRANTED. Plaintiff shall file her first amended complaint on or before July 6, 2015.1 (2) Defendant’s Motions are DENIED AS MOOT. The Clerk shall serve this minute order on the parties. MINUTES FORM 11 CIVIL-GEN 1 Initials of Deputy Clerk nkb The proposed order filed with Plaintiff's Motion refers to a copy of the First Amended Complaint “attached hereto as Exhibit 1.” See Proposed Order (Dkt. 16-2). However, there does not appear to be an Exhibit 1 attached.

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