Hoopa Valley Indian Tribe v. Bureau of Reclamation of the Department of the Interior of the United States of America et al

Filing 86

ORDER GRANTING 68 MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Hon. William H. Orrick. Plaintiff may file its second amended complaint. (jmdS, COURT STAFF) (Filed on 12/21/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HOOPA VALLEY TRIBE, Case No. 16-cv-04294-WHO Plaintiff, 8 v. 9 10 NATIONAL MARINE FISHERIES SERVICE, et al., United States District Court Northern District of California Dkt. No. 68 Defendants. 11 12 ORDER GRANTING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Plaintiff Hoopa Valley Tribe filed a Motion for Leave to file a Second Amended 13 Complaint, pursuant to Federal Rules of Civil Procedure, Rule 15(a)(2). Dkt. No. 68. The Federal 14 Defendants and the Intervenor-defendants do not oppose the motion. Dkt No. 83; Dkt. No. 84; 15 Dkt. No. 85. 16 Federal Rule 15(a)(2) states that “courts should freely give leave when justice so requires.” 17 Fed. R. Civ. P. 15(a)(2). Plaintiff seeks leave to amend its Fourth Claim for Relief to add the 18 Bureau of Reclamation (“Bureau”) as a defendant on that claim. Mot. at 5. Plaintiff’s proposed 19 amendment is based on new representations, from the Federal Defendants, that the Bureau has not 20 reinitiated consultation as plaintiff’s previously belief. Dkt. No. 60 at 13. Plaintiff’s proposed 21 amendment is reasonable, was timely made, is unlikely to cause any prejudice to the defendants or 22 delay the proceedings in this case, and is not opposed. 23 24 25 26 27 28 Plaintiff’s Motion to Amend is GRANTED. Plaintiff may file its Second Amended 1 Complaint in this action and any such filing shall relate back to the date of the originally filed 2 Complaint in this action. 3 4 5 6 IT IS SO ORDERED. Dated: December 21, 2016 ______________________________________ WILLIAM H. ORRICK United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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