John Utne v. Home Depot U.S.A., Inc.

Filing 29

ORDER by Judge Richard Seeborg granting #28 motion for leave to file a second amended complaint. (cl, COURT STAFF) (Filed on 12/15/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN UTNE,

Case No. 16-cv-01854-RS
Plaintiff,

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v.
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HOME DEPOT U.S.A., INC.,

ORDER GRANTING MOTION FOR
LEAVE FILE A SECOND AMENDED
COMPLAINT

Defendant.

United States District Court
Northern District of California

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On November 30, 2016, plaintiff John Utne moved for leave to file a second amended

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complaint in order to raise allegations that defendants “had a practice of rounding Plaintiff and

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class member’s clock-in and clock-out times in an unfair and unneutral manner.” Mot. at 1.

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Defendants had until December 14 to oppose the motion and did not do so.

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Pursuant to Civil Local Rule 7-1(b), Utne’s motion is suitable for disposition without oral

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argument, and the hearing set for January 19, 2017, is vacated. No discovery has occurred, no

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depositions have been taken, no trial date has been set, and no motions are pending. It therefore

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appears defendants will not be prejudiced by Utne filing a second amended complaint. Because

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leave to amend should be given liberally, see Fed. R. Civ. P. 15(a)(2); Sonoma Cty. Ass’n of

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Retired Employees v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013), Utne’s motion is granted.

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IT IS SO ORDERED.

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Dated: December 15, 2016
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RICHARD SEEBORG
United States District Judge