Software Research, Inc. v. Seapine Software, Inc.

Filing 41

ORDER Re 40 Joint Letter of April 20, 2017. Signed by Judge Edward M. Chen on 4/24/2017. (emcsec, COURT STAFF) (Filed on 4/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,

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ORDER RE JOINT LETTER OF APRIL
20, 2017

v.

Docket No. 40

SEAPINE SOFTWARE, INC.,
Defendant.

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For the Northern District of California

United States District Court

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Case No. 16-cv-07353-EMC

SOFTWARE RESEARCH, INC.,

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The Court has reviewed the parties’ joint letter of April 20, 2017. Having considered the

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contents of the letter, as well as all other evidence of record, the Court hereby rules as follows.

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Plaintiff’s motion for leave to amend – i.e., to add Perforce Software Inc. (“PSI”) (the parent

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company) as a defendant – is GRANTED. Under Federal Rule of Civil Procedure 15, a “court

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should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). Here,

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there has been no undue delay by Plaintiff in seeking amendment. Moreover, there is no

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indication of bad faith on the part of Plaintiff, futility of amendment, or prejudice to Defendant.

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See generally Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004); Bowles v. Reade, 198 F.3d

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752, 758 (9th Cir. 1999). While Defendant and PSI are willing to provide a declaration, that does

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not render amendment nugatory or unnecessary.

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IT IS SO ORDERED.

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Dated: April 24, 2017
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EDWARD M. CHEN
United States District Judge