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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HOOPA VALLEY TRIBE,

Case No. 16-cv-04294-WHO

Plaintiff,
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v.
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NATIONAL MARINE FISHERIES
SERVICE, et al.,

United States District Court
Northern District of California

Dkt. No. 68

Defendants.

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ORDER GRANTING MOTION FOR
LEAVE TO FILE SECOND AMENDED
COMPLAINT

Plaintiff Hoopa Valley Tribe filed a Motion for Leave to file a Second Amended

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Complaint, pursuant to Federal Rules of Civil Procedure, Rule 15(a)(2). Dkt. No. 68. The Federal

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Defendants and the Intervenor-defendants do not oppose the motion. Dkt No. 83; Dkt. No. 84;

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Dkt. No. 85.

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Federal Rule 15(a)(2) states that “courts should freely give leave when justice so requires.”

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Fed. R. Civ. P. 15(a)(2). Plaintiff seeks leave to amend its Fourth Claim for Relief to add the

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Bureau of Reclamation (“Bureau”) as a defendant on that claim. Mot. at 5. Plaintiff’s proposed

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amendment is based on new representations, from the Federal Defendants, that the Bureau has not

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reinitiated consultation as plaintiff’s previously belief. Dkt. No. 60 at 13. Plaintiff’s proposed

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amendment is reasonable, was timely made, is unlikely to cause any prejudice to the defendants or

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delay the proceedings in this case, and is not opposed.

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Plaintiff’s Motion to Amend is GRANTED. Plaintiff may file its Second Amended

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Complaint in this action and any such filing shall relate back to the date of the originally filed

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Complaint in this action.

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IT IS SO ORDERED.
Dated: December 21, 2016
______________________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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