J & J Sports Productions, Inc. v. Pittsburg Lodge No. 1475, Loyal Order of Moose, Incorporated

Filing 35

Order by Hon. Vince Chhabria denying as moot 28 Motion to Strike.(knm, COURT STAFF) (Filed on 4/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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J & J SPORTS PRODUCTIONS, INC.,

Case No. 14-cv-05129-VC

Plaintiff,
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v.

ORDER DENYING AS MOOT
PLAINTIFF'S MOTION TO STRIKE

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PITTSBURG LODGE NO. 1475, LOYAL
ORDER OF MOOSE, INCORPORATED, et
al.,

Re: Dkt. No. 28

Defendants.
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The motion to strike Defendant Pittsburg Lodge No. 1475's affirmative defenses is denied

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United States District Court
Northern District of California

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as moot.
Under Federal Rule of Civil Procedure 15, a party may only amend its pleadings as a

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matter of course only once, and only within 21 days after serving it. Fed. R. Civ. P. 15(a)(1). "In

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all other cases, a party may amend its pleading only with the opposing party's written consent or

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the court's leave." Fed. R. Civ. P. 15(a)(2). "Generally, Rule 15 advises the court that leave shall

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be freely given when justice so requires. This policy is to be applied with extreme liberality."

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Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (internal quotation
marks omitted).
Here, the defendant served its original Answer on March 6, 2015. Any amendment as a

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matter of course was therefore due by March 27, 2015. But the defendant did not file its Amended
Answer until April 10, 2015, in response to the plaintiff's motion to strike. However, the Court
construes the defendant's April 10, 2015 submission as a request for leave to file an amended
answer. So construed, the request is granted. Accordingly, the plaintiff's motion is denied as
moot.
IT IS SO ORDERED.
Dated: April 29, 2015
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VINCE CHHABRIA
United States District Judge