Miller Marital Deduction Trust et al v. Estate Of Mark B. Dubois, et al

Filing 33

ORDER signed by District Judge Stanley A. Bastian on 09/11/17 GRANTING Joint 27 Motion to File First Amended Complaint; Defendants shall have 21 days after the filing of Plaintiffs' Amended Complaint to file any response. Clerk to docket Plaintiffs' 27 First Amended Complaint, located at Exhibit D. (Benson, A.)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MILLER MARITAL DEDUCTION No. 2:16-cv-01883-SB 10 TRUST, by and through its trustees, Helen 11 Miller and James Morris; and HELEN ORDER GRANTING 12 MILLER, an individual, PLAINTIFFS’ JOINT MOTION 13 Plaintiffs, FOR LEAVE TO FILE FIRST 14 v. AMENDED COMPLAINT 15 ESTATE OF MARK B. DUBOIS, 16 DECEASED, an individual and dba Glo 17 Dry Cleaning System, et al., 18 Defendant. 19 20 Before the Court is Plaintiffs Miller Marital Deduction Trust and Helen 21 Miller’s (collectively, “Plaintiffs”) Joint Motion for Leave to File a First Amended 22 Complaint. ECF No. 27. In its Jury Trial Scheduling Order, ECF No. 24, the Court 23 ordered that motions to amend pleadings in this matter be filed by October 23, 24 2017. Plaintiffs filed the instant motion on July 11, 2017 and attached their 25 proposed First Amended Complaint and Demand for Jury Trial. ECF No. 27, 26 Exhibit D. Plaintiffs seeks to include twelve causes of action, including: (1) 27 Abatement of a Public Nuisance; (2) Abatement of a Private Nuisance; (3) 28 Continuing Trespass; (4) Negligence; (5) Ultrahazardous Activity; (6) ORDER GRANTING PLAINTIFFS’ JOINT MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT ^ 1 1 Contribution; (7) Contribution under Hazardous Substances Account Act; (8) 2 Equitable Indemnity; (9) Breach of Contract; (10) Express Indemnity; (11) Waste; 3 and (12) Declaratory Relief. Id. Defendants oppose the motion. ECF No. 30; 31. 4 The motion was heard without oral argument. 5 Motions to amend pleadings are made pursuant to Fed. R. Civ. P. 15(a), 6 which advises the Court that “leave shall be freely given when justice so requires.” 7 This policy “is to be applied with extreme liberality.” Desertrain v. City of L.A., 8 754 F.3d 1147, 1154 (9th Cir. 2014) (quoting Morongo Band of Mission Indians v. 9 Rose, 893 F.2d 1074, 1079 (9th Cir. 1990)). Courts consider several factors to 10 determine whether a party should be given leave to amend, including: (1) bad faith 11 (2) presence or absence of undue delay; (3) prejudice to the opposing party; (4) 12 futility of the proposed amendment; and (5) whether the plaintiff has previously 13 amended the complaint. Id. at 1154. These factors do not carry equal weight; it is 14 prejudice to the opposing party that carries the greatest weight. Eminence Capital, 15 LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). “Absent prejudice, or a 16 strong showing of any of the remaining [] factors, there exists a presumption under 17 Rule 15(a) in favor of granting leave to amend.” Id. (emphasis added). 18 After careful consideration, the Court finds that justice requires granting 19 Plaintiffs’ motion. Plaintiffs’ proposed amendment relates to the central claims of 20 the original Complaint, ECF No. 1, and was filed months prior to the motion 21 deadline set in the Court’s Jury Trial Scheduling Order. ECF No. 24. Moreover, 22 this case is still in the early stages of discovery and the parties have ample 23 opportunity to finish discovery efforts before the January 2, 2018 discovery 24 deadline. Id. The Court, therefore, finds that the proposed amendment has not been 25 made in bad faith; is timely; will not significantly prejudice the opposing party; 26 and that the amendment is not futile. Accordingly, pursuant to the liberal pleading 27 standard set forth in Rule 15(a), the Court grants Plaintiffs’ Joint Motion for 28 ORDER GRANTING PLAINTIFFS’ JOINT MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT ^ 2 1 Leave to File a First Amended Complaint, ECF No. 27, and dockets Plaintiffs’ 2 First Amended Complaint. ECF No. 27, Exhibit D. 3 4 5 6 Accordingly, IT IS ORDERED: 1. Plaintiffs’ Joint Motion for Leave to File First Amended Complaint, ECF No. 27, is GRANTED. 2. Defendants shall have 21 days after the filing of Plaintiffs’ Amended 7 Complaint to file any response thereto. 8 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter 9 this Order, provide copies to counsel, and docket Plaintiffs’ First Amended 10 Complaint, located at ECF No. 27, Exhibit D. 11 DATED this 11th day of September 2017. 12 13 14 15 16 17 Stanley A. Bastian United States District Judge 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING PLAINTIFFS’ JOINT MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT ^ 3

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