Arias v. Ruan Transport Corporation

Filing 15

ORDER GRANTING 13 Motion to Amend the Complaint; ORDER VACATING October 26, 2016 Hearing signed by Magistrate Judge Stanley A. Boone on 10/13/2016. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAVIER ARIAS, Plaintiff, 12 13 Case No. 1:16-cv-00280-SAB ORDER GRANTING MOTION TO AMEND THE COMPLAINT v. 14 15 ORDER VACATING OCTOBER 26, 2016 HEARING RUAN TRANSPORT CORPORATION, Defendant. (ECF Nos. 13, 14) 16 17 On September 28, 2016, Plaintiff filed a motion for leave to file an amended complaint to 18 amend the sixth cause of action for unpaid overtime. (ECF No. 13.) Plaintiff set the motion for 19 October 26, 2016, at 10:00 a.m. before the undersigned. On October 12, 2016, Defendant filed a 20 statement of non-opposition to Plaintiff’s motion for leave to amend the complaint. (ECF No. 21 14.) The Court, having reviewed the record, finds this matter suitable for decision without oral 22 argument. See Local Rule 230(g). 23 Under Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend the party’s 24 pleading once as a matter of course at any time before a responsive pleading is served. 25 Otherwise, a party may amend only by leave of the court or by written consent of the adverse 26 party, and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a). Rule 15(a) 27 is very liberal and leave to amend “shall be freely given when justice so requires.” Amerisource 28 Bergen Corp. v. Dialysis West, Inc., 465 F.3d 946, 951 (9th Cir. 2006) (quoting Fed. R. Civ. P. 1 1 15(a)). Plaintiff indicated in his motion to amend that Plaintiff’s counsel had contacted 2 3 Defendant’s counsel on numerous occasions to seek Defendant’s written consent to the 4 amendment. However, Defendant ignored Plaintiff’s communications and did not consent to the 5 filing of the amended complaint as of the date the motion for leave to amend the complaint was 6 filed. Since the motion is unopposed, it is unclear to the Court why Defendant did not stipulate 7 to the amendment to avoid setting a contested motion hearing. As Plaintiff’s motion is 8 unopposed, the Court shall grant the motion for leave to file an amended complaint. Accordingly, IT IS HEREBY ORDERED that: 9 10 1. Plaintiff’s unopposed motion to file an amended complaint is GRANTED; 11 2. Plaintiff shall file his first amended complaint within ten (10) days of the date of entry of this order; and 12 3. 13 The October 26, 2016 hearing is VACATED. 14 15 IT IS SO ORDERED. 16 Dated: October 13, 2016 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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