American Safety Services, Inc. v. Johnson, et al.

Filing 7

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AMERICAN SAFETY SERVICES, INC., 12 No. 1:18-cv-00349-DAD-JLT Plaintiff, 13 v. ORDER GRANTING LEAVE TO FILE AMENDED COMPLAINT 14 MICHAEL JOHNSON, et al., 15 Defendants. (Doc. No. 6) 16 On March 13, 2018, the court issued an order consolidating the cases entitled American 17 18 Safety Services, Inc. v. Michael Johnson, et al., No. 1:18-cv-00349-LJO-JLT and Gene Moseley 19 et al. v. Michael Johnson, et al., No. 1:18-cv-00344-DAD-JLT. (Doc. No. 5.) On March 27, 20 2018, the parties filed a stipulation to allow plaintiff to file a First Amended Complaint. (Doc. 21 No. 6.) 22 The Federal Rules of Civil Procedure provide that district courts “should freely give 23 leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). Nevertheless, leave to amend need not 24 be granted where the amendment: (1) prejudices the opposing party; (2) is sought in bad faith; 25 (3) produces an undue delay in litigation; or (4) is futile. See Amerisource Bergen Corp. v. 26 Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006) (citing Bowles v. Reade, 198 F.3d 752, 757 27 (9th Cir. 1999)). “Prejudice to the opposing party is the most important factor.” Jackson v. Bank 28 of Haw., 902 F.2d 1385, 1387 (9th Cir. 1990) (citing Zenith Radio Corp. v. Hazeltine Research, 1 1 2 Inc., 401 U.S. 321, 330–31 (1971)). Here, nothing before the court suggests bad faith or undue delay on the part of the 3 plaintiff. Because the parties have stipulated to the proposed amendment, the court concludes 4 there is no prejudice to defendants. Accordingly, the court finds good cause to grant plaintiff 5 leave to amend the complaint. 6 For the reasons set forth above, 7 1. 8 9 First Amended Complaint; 2. 10 11 14 Plaintiff shall file the First Amended Complaint within ten days of the date of service for this order; and 3. 12 13 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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