Software Research, Inc. v. Seapine Software, Inc.
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER RE JOINT LETTER OF APRIL
Docket No. 40
SEAPINE SOFTWARE, INC.,
For the Northern District of California
United States District Court
Case No. 16-cv-07353-EMC
SOFTWARE RESEARCH, INC.,
The Court has reviewed the parties’ joint letter of April 20, 2017. Having considered the
contents of the letter, as well as all other evidence of record, the Court hereby rules as follows.
Plaintiff’s motion for leave to amend – i.e., to add Perforce Software Inc. (“PSI”) (the parent
company) as a defendant – is GRANTED. Under Federal Rule of Civil Procedure 15, a “court
should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). Here,
there has been no undue delay by Plaintiff in seeking amendment. Moreover, there is no
indication of bad faith on the part of Plaintiff, futility of amendment, or prejudice to Defendant.
See generally Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004); Bowles v. Reade, 198 F.3d
752, 758 (9th Cir. 1999). While Defendant and PSI are willing to provide a declaration, that does
not render amendment nugatory or unnecessary.
IT IS SO ORDERED.
Dated: April 24, 2017
EDWARD M. CHEN
United States District Judge
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