Calvert v. Omini Medical, LLC, et al.,
ORDER signed by District Judge Kimberly J. Mueller on 08/08/17 ORDERING that the 9 Motion to Amend the Complaint is GRANTED; the second amended complaint shall be filed within 7 days. (Benson, A.)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
OMNI MEDICAL, LLC, ROGER
B.STEPHENS, M.D., A CALIFORNIA
DR.JAMES M. KIM, individually, DR.
SHARON G.LEANO, individually, and
Plaintiff moves to file a second amended complaint. ECF No. 9. Her complaint
claims the owner of a medical facility violated the Americans with Disabilities Act. Id. Her
operative complaint erroneously lists former defendant Omni Medical, LLC as the property
owner. See First Am. Compl., ECF No. 4. The proposed second amended complaint changes the
property owner’s name to CPI-Omni Medical, a Delaware Limited Liability Company. See Ex. A
to ECF No. 9. Omni Medical, LLC opposed the motion, arguing plaintiff’s amendment did not
dismiss Omni Medical, LLC from the lawsuit. Opp’n, ECF No. 12. A week later, plaintiff
dismissed Omni Medical, LLC, with prejudice. Voluntary Dismissal, ECF No. 15; Order
Confirming Dismissal, ECF No. 16. No remaining defendant opposes the motion.
The federal rules mandate that leave to amend “be freely given when justice so
requires.” Fed. R. Civ. P. 15(a). “This policy is to be applied with extreme liberality.” Eminence
Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (citation and quotation marks
omitted). Before granting leave, a court considers any potential bad faith, delay, or futility
regarding the proposed amendment, and the potential prejudice to the opposing party. Foman v.
Davis, 371 U.S. 178, 182 (1962); see also Smith v. Pac. Prop. Dev. Co., 358 F.3d 1097, 1101 (9th
Cir. 2004). “The party opposing amendment bears the burden of showing prejudice.” DCD
Programs, Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir. 1987). Absent prejudice, there is a strong
presumption in favor of granting leave to amend. Eminence Capital, 316 F.3d at 1052.
Here, plaintiff attaches to her motion a redlined version of the proposed amended
complaint. ECF No. 9, Ex. A. The only substantive alteration is changing “Omni Medical, LLC”
to “CPI-Omni Medical, a Delaware Limited Liability Company.” Id. Because the remaining
defendants do not oppose this motion, and because the court is aware of no prejudice or delay that
would result from allowing this amendment, plaintiff’s motion is GRANTED. The second
amended complaint shall be filed within seven days of this order.
IT IS SO ORDERED.
This resolves ECF No. 9.
DATED: August 8, 2017.
UNITED STATES DISTRICT JUDGE
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