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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 ) ) ) Plaintiff, ) ) vs. ) ) CNC APEX CORP. dba FOSTER’S FREEZE, ) ) et al., ) ) Defendants. ) ) ) ) ) RACHEL LOBATO, No. 1:16-cv-00953-LJO-EPG ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (ECF No. 15) 19 Having carefully considered the unopposed Motion of Plaintiff Rachel Lobato 20 (“Plaintiff”) for leave to file her First Amended Complaint, the papers submitted, and the 21 pleadings in this action, the Court hereby GRANTS the Motion to Amend the Complaint. 22 (ECF No. 15) 23 Under Federal Rule of Civil Procedure 15(a), leave to amend should be freely given 24 when justice so requires. Fed. R. Civ. P. 15(a). “In the absence of any apparent or declared 25 reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated 26 failure to cure deficiencies by amendments previously allowed, undue prejudice to the 27 opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the 28 leave sought should, as the rules require, be ‘freely given.’” Eminence Capital, LLC v. Aspeon, Page 1 1 Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (quoting Foman v. Davis, 371 U.S. 178, 182, 83 2 S.Ct. 227, 9 L.Ed.2d 222 (1962)). 3 Plaintiff sought to amend her complaint within the time set forth in the Court’s 4 scheduling order. Such amendment does not alter or change any date set by the Court in such 5 Order. Plaintiff has demonstrated to the satisfaction of the Court that the amendment is not the 6 result of undue delay or bad faith, and that no prejudice will befall Defendants in permitting 7 the amendment. 8 9 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). 10 Accordingly, Plaintiff shall file her First Amended Complaint, a copy of which was 11 attached as Exhibit A to her motion, no later than five (5) court days after the filing of this 12 Order. Defendants shall thereafter file a responsive pleading in accordance with Federal Rule 13 of Civil Procedure 15(a)(3). 14 The motion hearing set for February 10, 2017, at 10 a.m. is VACATED. 15 16 17 18 IT IS SO ORDERED. Dated: February 7, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 Page 2

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