Navarro et al v. Walmart, Inc.

Filing 42

ORDER GRANTING MOTION FOR LEAVE TO AMEND AND VACATING HEARING ON MOTION TO DISMISS, signed by Magistrate Judge Stanley A. Boone on 03/11/2025. It is HEREBY ORDERED that Plaintiffs' motion for leave to file a first amended consolidated class acti on complaint (ECF No. 40 ) is GRANTED. Plaintiffs shall file a first amended consolidated class action complaint within five (5) days of the entry of this order. The March 26, 2025 hearing on Defendant's motion to dismiss is VACATED. Defendant shall have five (5) days from the filing of Plaintiffs' first amended consolidated class action complaint to withdraw the pending motion to dismiss. (Deputy Clerk JN)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
GRACE NAVARRO, et al.,

Case No. 1:24-cv-00288-JLT-SAB

11
Plaintiffs,
12
v.

ORDER GRANTING MOTION FOR LEAVE
TO AMEND AND VACATING HEARING
ON MOTION TO DISMISS

13
WALMART, INC.,

(ECF No. 40)

14
Defendant.
15
16

Before the Court is Plaintiffs’ motion for leave to file a first amended consolidated class

17 action complaint. Defendant Walmart, Inc. has filed a non-opposition to the motion. (ECF
18 No. 41.) Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend shall be
19 freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). “In the absence of . . . undue
20 delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies
21 by amendments previously allowed, undue prejudice to the opposing party by virtue of
22 allowance of the amendment, futility of amendment, etc.—the leave sought should . . . be ‘freely
23 given.’” Foman v. Davis, 371 U.S. 178, 182 (1962), quoting Fed. R. Civ. P. 15(a). In other
24 words, “[a]bsent prejudice, or a strong showing of any of the remaining Foman factors, there
25 exists a presumption under Rule 15(a) in favor of granting leave to amend.” Eminence Capital,
26 LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003).
27

Here, the Court finds that granting leave to amend implicates none of the Forman factors.

28 Indeed, Defendant has filed a non-opposition, which demonstrates that it will not be prejudiced

1 by the granting of the motion.
2

Accordingly, it is HEREBY ORDERED that:

3

1.

Plaintiffs’ motion for leave to file a first amended consolidated class action
complaint (ECF No. 40) is GRANTED;

4
2.

5

Plaintiffs shall file a first amended consolidated class action complaint within five
(5) days of the entry of this order;

6
3.

7

The March 26, 2025 hearing on Defendant’s motion to dismiss is VACATED;
and

8
4.

9

Defendant shall have five (5) days from the filing of Plaintiffs’ first amended
consolidated class action complaint to withdraw the pending motion to dismiss.

10
11
12

IT IS SO ORDERED.

13 Dated:

March 11, 2025
STANLEY A. BOONE
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2