Westgate Petroleum Company, Inc., d/b/a Helms Petroleum v. International Insurance Company of Hannover, SE et al

Filing 64

ORDER ON WESTGATE'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT by Hon. William Alsup granting 52 Motion for Leave to File.(whalc1, COURT STAFF) (Filed on 12/7/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 16-00115 WHA

WESTGATE PETROLEUM COMPANY,
INC., d/b/a Helms Petroleum,

v.
ORDER ON WESTGATE’S
MOTION FOR LEAVE TO
FILE A THIRD AMENDED
COMPLAINT

INTERNATIONAL INSURANCE
COMPANY OF HANNOVER, SE,
ZURICH AMERICAN INSURANCE
COMPANY,

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Defendants.
/

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INTERNATIONAL INSURANCE
COMPANY OF HANNOVER, SE,

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Cross-Complainant,

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v.
ZURICH AMERICAN INSURANCE
COMPANY,
Cross-Defendant.
/

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Westgate Petroleum Company, Inc., seeks leave to file a third amended complaint,

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which would add Trevor Hall Trucking, Inc., as a defendant. Trevor Hall has already been

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named as a cross-defendant in another party’s answer and cross-complaint, although it has not

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yet been served. The defendants already in this action do not oppose Westgate’s proposed
amendment (Dkt. Nos. 62, 63).

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This order finds there is good cause to amend the scheduling order to allow Westgate to

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add Trevor Hall as a defendant after the deadline set by the case management order (Dkt.

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No. 22) and that leave to amend is appropriate under Rule 15(a)(2). Accordingly, Westgate’s

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motion is GRANTED. Westgate shall promptly file its third amended complaint as proposed in

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its motion.

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In light of this development, at the case management conference scheduled for

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DECEMBER 8, all parties shall please be prepared to discuss whether the case should be

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remanded, inasmuch as the addition of Trevor Hall destroys diversity, and there are no federal

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questions in the complaint.

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: December 7, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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