Harris v. Athene Annuity and Life Assurance Company et al

Filing 22

ORDER GRANTING 20 Motion for Leave to File a First Amended Complaint signed by Magistrate Judge Barbara A. McAuliffe on 3/30/2018. First Amended Complaint due within seven (7) days. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 HOMER HARRIS, 8 Plaintiff, 9 10 11 v. ATHENE ANNUITY and LIFE ASSURANCE COMPANY, 12 Defendants. 13 ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:17-cv-01383-AWI-BAM ORDER GRANTING MOTION FOR LEAVE TO FILE A FIRST AMENDED COMPLAINT (Doc. 20) 14 This matter is before the Court on Plaintiff Homer Harris’s (“Plaintiff”) Motion for leave to 15 file a First Amended Complaint pursuant to Fed. R. Civ. P. 15(a)(2). (Doc. 20). The Court deems the 16 matter appropriate for resolution without oral argument. See E.D. Cal. Civ. L.R. 230(g). Through the 17 motion, Plaintiff seeks to add Freedom Mortgage Corporation as a Plaintiff beneficiary and add 18 additional causes of action. Defendants Athene Annuity and Life Assurance Company and Protective 19 Life Insurance Company (collectively, “Defendants”) filed a statement of non-opposition to this 20 motion. (Doc. 21). 21 Given the non-opposition, and good cause appearing, Plaintiff’s motion is GRANTED. In 22 order to clarify the record, Plaintiff shall file his First Amended Complaint, attached as Exhibit A to 23 the Motion, as a separate entry on the docket, within seven (7) calendar days of the date this Order is 24 filed. 25 IT IS SO ORDERED. 26 27 Dated: /s/ Barbara March 30, 2018 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 28 1

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