Atain Specialty Insurance Company v. North Bay Waterproofing, Inc.

Filing 20

ORDER by Judge Edward M. Chen Granting 14 Plaintiff's Motion for Leave to File First Amended Complaint. (emcsec, COURT STAFF) (Filed on 10/4/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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For the Northern District of California

United States District Court

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ATAIN SPECIALTY INSURANCE
COMPANY f/k/a USF INSURANCE
COMPANY,

v.

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NORTH BAY WATERPROOFING, INC.,

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No. C-12-3339 EMC

ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT

Defendant.
___________________________________/

(Docket No. 14)

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Pending before the Court is Plaintiff’s unopposed motion for leave to file a first amended

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complaint (FAC) to add Opus West as a defendant in this suit for declaratory judgment. See Fed. R.

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Civ. P. 15(a)(2). The original complaint was filed on June 28, 2012 and named only North Bay

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Waterproofing (“North Bay”) as a defendant. North Bay has not appeared in this action, and default

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was entered by the Clerk’s office on August 21, 2012. Docket No. 12. Plaintiff has the right to file

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a first amended complaint. See Fed. R. Civ. P. 15(a)(1)(B). Moreover, Plaintiff is entitled under

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Rule 15(a)(2) to amend the complaint “when justice so requires.”

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Plaintiff’s original complaint states that it is not naming Opus West as a defendant because

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of a bankruptcy stay then in effect. King Decl. Ex. 1 at 3. That stay was lifted to permit Plaintiff to

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file an amended complaint adding Opus West in this action on September 5, 2012. King Decl. ¶ 20.

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There is therefore good cause for the amendment.

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Plaintiff’s motion for leave to file a first amended complaint is GRANTED. The previously
set October 26, 2012 hearing on this motion is therefore VACATED.
This order disposes of Docket No. 14.

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IT IS SO ORDERED.

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Dated: October 4, 2012

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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