Safeco Insurance Company of America v. Sunbeam Corporation

Filing 46

ORDER by Magistrate Judge Bernard Zimmerman granting 37 Motion to Amend/Correct ; Plaintiff is required to E-FILE the amended document (bzsec, COURT STAFF) (Filed on 4/5/2006)

Safeco Insurance Company of America v. Sunbeam Corporation

Doc. 46

Case 3:05-cv-01974-PJH

Document 46

Filed 04/05/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SAFECO INSURANCE COMPANY OF ) AMERICA, ) ) Plaintiff(s), ) ) v. ) ) ) SUNBEAM CORPORATION, and ) DOES 1-25, ) ) Defendant(s). ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. C05-1974 BZ ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT

On February 17, 2006, plaintiff filed a motion for leave to file a second amended complaint. Defendant Sunbeam has not

filed an opposition, and there is no evidence of frivolity, bad faith or prejudice to the other parties sufficient to overcome the strong policy in favor of granting leave to amend pleadings. See Fed. R. Civ. P. 15(a); Eminence Capital, LLC

v. Aspeon, 316 F.3d 1048, 1051 (9th Cir. 2003). IT IS THEREFORE ORDERED that plaintiff's motion for leave to file the second amended complaint attached as exhibit A to its motion is GRANTED. Plaintiff shall serve the complaint on A status conference

any additional defendants by May 1, 2006. 1

Dockets.Justia.com

Case 3:05-cv-01974-PJH

Document 46

Filed 04/05/2006

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

is scheduled for June 12,2006. status report by June 5, 2006.

The parties shall file a joint The hearing on plaintiff's

motion for leave to file a second amended complaint presently scheduled for April 5, 2006, is VACATED. Dated: April 5, 2006

Bernard Zimmerman United States Magistrate Judge
G:\BZALL\-BZCASES\SAFECO\AMENDEDCOMPL.ORD.wpd

2