Ramirez et al v. Ghilotti Bros., Inc. et al

Filing 25

ORDER by Judge Charles R. Breyer granting 18 Motion for Leave to File Second Amended Complaint. (crblc2, COURT STAFF) (Filed on 1/10/2013)

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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 ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT Plaintiffs, 13 14 No. C 12-04590 CRB JOSE RAMIREZ ET AL., v. GHILOTTI BROS. INC. ET AL., 15 Defendants. / 16 Plaintiffs have moved under Federal Rule of Civil Procedure 15(a)(2) for leave to file 17 18 a Second Amended Complaint. Dkt. 18. Defendants argue that the motion should be 19 “denied in part” because many of the amended claims do not “relate back” under Federal 20 Rule of Civil Procedure 15(c), and no private right of action exists to support certain claims. 21 See generally Opp. (dkt. 21). This matter is suitable for disposition without oral argument. 22 See N.D. Cal. Local R. 7-1(b). Under Federal Rule of Civil Procedure 15(a)(2), “[t]he court should freely give leave 23 24 when justice so requires.” Amendment should be granted when it will not cause the 25 opposing party undue prejudice, is not sought in bad faith, and is not an exercise in futility. 26 DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). 27 // 28 // // 1 Defendants’ arguments go more to the merits of Plaintiffs’ claims (i.e., whether they 2 are time barred and whether they state a claim) than whether leave to amend is appropriate. 3 Accordingly, the Court GRANTS Plaintiffs’ motion for leave to amend without prejudice to 4 Defendants’ ability to re-raise its arguments in the context of a motion to dismiss. 5 IT IS SO ORDERED. 6 7 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: January 10, 2013 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2012\4590\order re leave to amend.wpd 2

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