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)

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