Staychock et al v. Klean Kanteen, Inc.

Filing 25

ORDER signed by District Judge Kimberly J. Mueller on 11/30/17 GRANTING plaintiffs' 14 Motion for Leave to Amend; plaintiffs shall file their Proposed FAC as the First Amended Complaint within 7 days. (Benson, 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 12 RICHARD STAYCHOCK, and KATHLEEN MACKAY STAYCHOCK, Plaintiff, 13 ORDER v. 14 15 16 No. 2:17-cv-01012-KJM-CMK SAFECO INSURANCE COMPANY OF ILLINOIS and DOES 1 through 10 inclusive, Defendants. 17 18 Plaintiffs initially filed this lawsuit in state court, styled as a breach of contract 19 case. ECF No. 1-2. Defendant removed the case to this court in May 2017. ECF No. 1. On 20 October 9, 2017, plaintiffs moved for leave to file a first amended complaint (“FAC”). Mot., 21 ECF No. 14. Plaintiffs have attached a copy of their Proposed FAC, in which they reframe the 22 case in terms of trademark infringement. See Proposed FAC, Ex. A, ECF No. 14-2. Defendant, 23 having reviewed the Proposed FAC, has filed a statement of non-opposition. ECF No. 21. As 24 explained below, the court GRANTS this unopposed motion. 25 //// 26 //// 27 //// 28 1 1 The federal rules mandate that leave to amend “be freely given when justice so 2 requires.” Fed. R. Civ. P. 15(a). “This policy is to be applied with extreme liberality.” Eminence 3 Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (citation and quotation marks 4 omitted). Before granting leave, a court considers any potential bad faith, delay, or futility 5 regarding the proposed amendment, and the potential prejudice to the opposing party. Foman v. 6 Davis, 371 U.S. 178, 182 (1962); see also Smith v. Pac. Prop. Dev. Co., 358 F.3d 1097, 1101 (9th 7 Cir. 2004). “The party opposing amendment bears the burden of showing prejudice.” DCD 8 Programs, Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir. 1987). Absent prejudice, there is a strong 9 presumption in favor of granting leave to amend. Eminence Capital, 316 F.3d at 1052. 10 This is plaintiffs’ first request for leave to amend. Considering Rule 15(a)’s liberal 11 amendment policy, the early phase of this litigation, and defendant’s non-opposition, the court 12 GRANTS plaintiffs’ request. Plaintiffs shall file their Proposed FAC on the docket as the First 13 Amended Complaint within seven days. 14 IT IS SO ORDERED. 15 This order resolves ECF No. 14. 16 DATED: November 30, 2017. 17 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 2

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