American Safety Services, Inc. v. Johnson, et al.
Filing
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ORDER GRANTING Leave to File Amended Complaing re 6 Stipulation signed by District Judge Dale A. Drozd on 3/28/2018. Amended Complaint due within ten (10) days. (Jessen, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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AMERICAN SAFETY SERVICES, INC.,
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No. 1:18-cv-00349-DAD-JLT
Plaintiff,
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v.
ORDER GRANTING LEAVE TO FILE
AMENDED COMPLAINT
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MICHAEL JOHNSON, et al.,
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Defendants.
(Doc. No. 6)
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On March 13, 2018, the court issued an order consolidating the cases entitled American
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Safety Services, Inc. v. Michael Johnson, et al., No. 1:18-cv-00349-LJO-JLT and Gene Moseley
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et al. v. Michael Johnson, et al., No. 1:18-cv-00344-DAD-JLT. (Doc. No. 5.) On March 27,
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2018, the parties filed a stipulation to allow plaintiff to file a First Amended Complaint. (Doc.
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No. 6.)
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The Federal Rules of Civil Procedure provide that district courts “should freely give
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leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). Nevertheless, leave to amend need not
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be granted where the amendment: (1) prejudices the opposing party; (2) is sought in bad faith;
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(3) produces an undue delay in litigation; or (4) is futile. See Amerisource Bergen Corp. v.
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Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006) (citing Bowles v. Reade, 198 F.3d 752, 757
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(9th Cir. 1999)). “Prejudice to the opposing party is the most important factor.” Jackson v. Bank
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of Haw., 902 F.2d 1385, 1387 (9th Cir. 1990) (citing Zenith Radio Corp. v. Hazeltine Research,
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Inc., 401 U.S. 321, 330–31 (1971)).
Here, nothing before the court suggests bad faith or undue delay on the part of the
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plaintiff. Because the parties have stipulated to the proposed amendment, the court concludes
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there is no prejudice to defendants. Accordingly, the court finds good cause to grant plaintiff
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leave to amend the complaint.
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For the reasons set forth above,
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1.
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First Amended Complaint;
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Plaintiff shall file the First Amended Complaint within ten days of the date of
service for this order; and
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Pursuant to the parties’ stipulation (Doc. No. 6), plaintiff is granted leave to file a
Within twenty-one days from the date of service of plaintiff’s First Amended
Complaint, defendants shall file a responsive pleading thereto.
IT IS SO ORDERED.
Dated:
March 28, 2018
UNITED STATES DISTRICT JUDGE
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