United States of America v. Gibson Wine Company

Filing 35

ORDER GRANTING 33 Motion to Amend the Complaint, signed by District Judge Anthony W. Ishii on 11/29/2016. (Kusamura, W)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

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Plaintiff,
v.

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GIBSON WINE CO.,

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Case No. 1:15-cv-1900-AWI-SKO
ORDER GRANTING MOTION TO
AMEND COMPLAINT
(Docs. 32, 33)

Defendant.
__________________________________/

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On November 23, 2016, Gibson Wine Company (“Gibson”) filed a motion for leave to

18 file a motion to strike and a motion to strike certain portions of the United States’ original
19 complaint. Doc. 32. Those motions were apparently filed in anticipation of the United States
20 filing an amended complaint. Two days later, the United States filed a motion to amend their
21 complaint. Doc. 33. On November 28, 2016, Gibson withdrew its motion to strike and voiced its
22 non-opposition to the United States’ motion to amend its complaint. The Court will grant the
23 United States’ unopposed motion to amend its complaint.
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Under Federal Rule of Civil Procedure 15(a)(1), a party may amend a pleading once as a

25 matter of course within 21 days of the earlier of (A) service of the complaint or (B) service of a
26 motion under Rule 12(b), (e), or (f). “In all other cases, a party may amend its pleading only with
27 the opposing party's written consent or the court's leave.” Fed.R.Civ.P. 15(a)(2).
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The United States’ original complaint was filed on December 19, 2015, and Gibson’s

2 answer was filed on February 26, 2016. The time for filing as a matter of course has run.
3 However, Gibson has given written consent to the amendment. See Doc. 33-7 at 3. Moreover,
4 amendment of the complaint is consistent with the liberal policy favoring amendment. A Court
5 should grant leave to amend should be freely granted “when justice so requires.” Fed. R. Civ. P.
6 15(a)(2). The Ninth Circuit has instructed that the policy favoring amendments “is to be applied
7 with extreme liberality.” Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th
8 Cir.1990).
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Leave to amend is GRANTED pursuant to Federal Rule of Civil Procedure 15(a)(2).

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IT IS SO ORDERED.

12 Dated: November 29, 2016

SENIOR DISTRICT JUDGE

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