Leon v. Tri Counties Bank
Filing
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ORDER signed by Judge John A. Mendez on 4/7/14 GRANTING 24 Motion for Leave to File Second Amended Answer. (Manzer, C)
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RONALD W. BROWN, ESQ. (SBN 107340)
CARRIE E. BUSHMAN, ESQ. (SBN 186130)
COOK BROWN, LLP
555 CAPITOL MALL, SUITE 425
SACRAMENTO, CALIFORNIA 95814
TELEPHONE NO.: 916‐442‐3100
FACSIMILE NO.: 916‐442‐4227
Attorneys for Defendant TRI COUNTIES BANK
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
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RICHARD LEON, JR.,
Plaintiff(s),
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Case No. 2:12‐CV‐01529‐JAM‐AC
ORDER GRANTING DEFENDANT’S
MOTION FOR LEAVE TO FILE A
SECOND AMENDED ANSWER
v.
TRI COUNTIES BANK,
Defendant(s).
Time:
9:30 a.m.
Date:
March 26, 2014
Courtroom:
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Judge: Hon. John A. Mendez
Action Filed: June 7, 2012
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Defendant Tri Counties Bank’s Motion for Leave to File a Second Amended
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Answer came on regularly for hearing before this Court on March 26, 2014 at 9:30 a.m.,
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the Honorable John A. Mendez presiding. Richard Rogers, Esq. of the Law Office of
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Richard M. Rogers appeared for Plaintiff Richard Leon and Carrie Bushman, Esq. of
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Cook Brown LLP appeared for Defendant Tri Counties Bank. After consideration of the
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briefs and arguments of counsel, and all other matters presented to the Court, the Court
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rules as follows:
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Given Federal Rule of Civil Procedure 15(a)(2)’s language that a party can amend
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its pleadings and that the cases interpreting the rule have indicated that the court should
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freely give leave when justice so requires, that courts are to grant leave with extreme
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liberality once a moving party demonstrates why the amendment is required and there is
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at least some factual basis to support the proposed amendment, and this court’s finding
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[PROPOSED] ORDER GRANTING LEAVE TO
FILE A SECOND AMENDED ANSWER
O:\92166\8943\Pld\Stip to Extend Discovery Deadlines.docx
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that there is no prejudice in allowing the answer to be amended to include a mixed
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motive affirmative defense and there is at least some factual basis for the amendment, IT
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IS HEREBY ORDERED that Defendant’s Motion for Leave to File a Second Amended
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Answer is GRANTED.
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DATED: April 7, 2014
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/s/ John A. Mendez_____________
United States District Court Judge
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[PROPOSED] ORDER GRANTING LEAVE TO
FILE A SECOND AMENDED ANSWER
O:\92166\8943\Pld\Stip to Extend Discovery Deadlines.docx
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