Gonzales v. Global Equity Lending et al

Filing 14

ORDER by Judge Charles R. Breyer granting 12 Motion for Leave to File. (crblc2, COURT STAFF) (Filed on 10/2/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 13 No. C 12-02882 CRB MANUEL GONZALES, ORDER GRANTING LEAVE TO AMEND Plaintiff, v. 14 GLOBAL EQUITY LENDING ET AL., 15 Defendants. / 16 17 Plaintiff has moved under Federal Rule of Civil Procedure 15 for leave to file an 18 amended complaint. Dkt. 12. Defendants have not yet appeared in the case to file any 19 motions or responsive pleadings. Under Federal Rule of Civil Procedure 15(a)(2), “[t]he 20 court should freely give leave when justice so requires.” Amendment should be granted 21 when it will not cause the opposing party undue prejudice, is not sought in bad faith, and is 22 not an exercise in futility. DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 23 1987). Finding no reason to deny amendment at this early stage of the litigation, the Court 24 GRANTS Plaintiff’s motion for leave to amend. 25 IT IS SO ORDERED. 26 27 28 Dated: October 1, 2012 G:\CRBALL\2012\2882\order re leave to amend.wpd CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

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