Lobato v. CNC Apex Corp. et al

Filing 16

ORDER GRANTING plaintiff's Motion for Leave to File First Amended Complaint, document 15 . Plaintiff shall file her first amended complaint within five (5) court days of service of this order. The hearing on this matter previously set for 2/10/2017 is VACATED. Order signed by Magistrate Judge Erica P. Grosjean on 2/7/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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CNC APEX CORP. dba FOSTER’S FREEZE, )
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et al.,
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Defendants.
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RACHEL LOBATO,

No. 1:16-cv-00953-LJO-EPG
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT
(ECF No. 15)

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Having carefully considered the unopposed Motion of Plaintiff Rachel Lobato

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(“Plaintiff”) for leave to file her First Amended Complaint, the papers submitted, and the

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pleadings in this action, the Court hereby GRANTS the Motion to Amend the Complaint.

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(ECF No. 15)

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Under Federal Rule of Civil Procedure 15(a), leave to amend should be freely given

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when justice so requires. Fed. R. Civ. P. 15(a). “In the absence of any apparent or declared

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reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated

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failure to cure deficiencies by amendments previously allowed, undue prejudice to the

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opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the

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leave sought should, as the rules require, be ‘freely given.’” Eminence Capital, LLC v. Aspeon,

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Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (quoting Foman v. Davis, 371 U.S. 178, 182, 83

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S.Ct. 227, 9 L.Ed.2d 222 (1962)).

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Plaintiff sought to amend her complaint within the time set forth in the Court’s

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scheduling order. Such amendment does not alter or change any date set by the Court in such

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Order. Plaintiff has demonstrated to the satisfaction of the Court that the amendment is not the

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result of undue delay or bad faith, and that no prejudice will befall Defendants in permitting

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the amendment.

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The motion was filed on January 13, 2017 (ECF No. 15), and Defendants did not
oppose to the motion, and 14 days have now passed. See CAED-LR 230(c).

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Accordingly, Plaintiff shall file her First Amended Complaint, a copy of which was

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attached as Exhibit A to her motion, no later than five (5) court days after the filing of this

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Order. Defendants shall thereafter file a responsive pleading in accordance with Federal Rule

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of Civil Procedure 15(a)(3).

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The motion hearing set for February 10, 2017, at 10 a.m. is VACATED.

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IT IS SO ORDERED.
Dated:

February 7, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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