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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD STAYCHOCK, and
KATHLEEN MACKAY STAYCHOCK,
Plaintiff,

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ORDER
v.

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No. 2:17-cv-01012-KJM-CMK

SAFECO INSURANCE COMPANY OF
ILLINOIS and DOES 1 through 10
inclusive,
Defendants.

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Plaintiffs initially filed this lawsuit in state court, styled as a breach of contract
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case. ECF No. 1-2. Defendant removed the case to this court in May 2017. ECF No. 1. On
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October 9, 2017, plaintiffs moved for leave to file a first amended complaint (“FAC”). Mot.,
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ECF No. 14. Plaintiffs have attached a copy of their Proposed FAC, in which they reframe the
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case in terms of trademark infringement. See Proposed FAC, Ex. A, ECF No. 14-2. Defendant,
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having reviewed the Proposed FAC, has filed a statement of non-opposition. ECF No. 21. As
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explained below, the court GRANTS this unopposed motion.
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The federal rules mandate that leave to amend “be freely given when justice so

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requires.” Fed. R. Civ. P. 15(a). “This policy is to be applied with extreme liberality.” Eminence

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Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (citation and quotation marks

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omitted). Before granting leave, a court considers any potential bad faith, delay, or futility

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regarding the proposed amendment, and the potential prejudice to the opposing party. Foman v.

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Davis, 371 U.S. 178, 182 (1962); see also Smith v. Pac. Prop. Dev. Co., 358 F.3d 1097, 1101 (9th

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Cir. 2004). “The party opposing amendment bears the burden of showing prejudice.” DCD

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Programs, Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir. 1987). Absent prejudice, there is a strong

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presumption in favor of granting leave to amend. Eminence Capital, 316 F.3d at 1052.

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This is plaintiffs’ first request for leave to amend. Considering Rule 15(a)’s liberal

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amendment policy, the early phase of this litigation, and defendant’s non-opposition, the court

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GRANTS plaintiffs’ request. Plaintiffs shall file their Proposed FAC on the docket as the First

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Amended Complaint within seven days.

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IT IS SO ORDERED.

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This order resolves ECF No. 14.

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DATED: November 30, 2017.

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UNITED STATES DISTRICT JUDGE
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