Banga v. Ameriprise Auto & Home Insurance Agency

Filing 14

ORDER signed by Magistrate Judge Allison Claire on 10/10/2018 GRANTING 11 Plaintiff's Motion Amend the Complaint; the Clerk of the Court is directed to file the first amended complaint located at ECF No 11 at 5-23 as a separate document which will be the operative complaint in this matter. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KAMLESH BANGA,

12
13
14
15

No. 2:18-cv-01072 MCE AC

Plaintiff,
v.

ORDER

AMERIPRISE AUTO & HOME
INSURANCE COMPANY AND DOES 1
through 10 inclusive,

16

Defendants.

17
18

Pending before the court is plaintiff’s motion to amend the complaint. ECF No. 11.

19

Plaintiff seeks to add an additional defendant, IDS Property Causality Insurance Company, to the

20

complaint pursuant to Fed. R. Civ. Proc. 15. ECF No. 11 at 1-3. Defendants have not opposed

21

the motion.

22

Motions to amend the pleadings are generally governed by the liberal standard of Rule

23

15(a) of the Federal Rules of Civil Procedure. Pursuant to Rule 15, “leave to amend should be

24

granted unless amendment would cause prejudice to the opposing party, is sought in bad faith, is

25

futile, or creates undue delay.” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th

26

Cir. 1992) (citing DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 185-87 (9th Cir. 1987)).

27

Under Rule 15(a)(2), a party may amend its pleading with the court’s leave, which should be

28

freely given “when justice so requires.” Fed. R. Civ. P. 15(a)(2).
1

1

Review of the motion shows that plaintiff’s proposed amendment is appropriate. The

2

original complaint as well as the proposed first amended complaint are very similar in content and

3

appear to stem from the same set of facts and/or occurrences. Plaintiff further states that newly

4

acquired information has informed her that defendant Ameriprise Auto & Home Insurance

5

Company is a subsidiary to the parent company, IDS Property Causality Insurance Company.

6

ECF No. 11 at ¶1-2. Moreover, defendant Ameriprise Auto & Home Insurance has not opposed

7

the motion and it does not appear that that the amendment would prejudice the defendant.

8

Accordingly, the court will grant plaintiff’s motion to amend.

9

Accordingly, IT IS HEREBY ORDERED that:

10

1. Plaintiff’s motion to amend the complaint (ECF No. 11) is GRANTED; and

11

2. The Clerk of the Court is directed to file the first amended complaint located at ECF No

12

11 at 5-23 as a separate document which will be the operative complaint in this matter.

13

IT IS SO ORDERED.

14

DATE: October 10, 2018

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2