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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 Plaintiff, 8 9 10 ORDER RE JOINT LETTER OF APRIL 20, 2017 v. Docket No. 40 SEAPINE SOFTWARE, INC., Defendant. 12 For the Northern District of California United States District Court 11 Case No. 16-cv-07353-EMC SOFTWARE RESEARCH, INC., 13 The Court has reviewed the parties’ joint letter of April 20, 2017. Having considered the 14 contents of the letter, as well as all other evidence of record, the Court hereby rules as follows. 15 Plaintiff’s motion for leave to amend – i.e., to add Perforce Software Inc. (“PSI”) (the parent 16 company) as a defendant – is GRANTED. Under Federal Rule of Civil Procedure 15, a “court 17 should freely give leave [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). Here, 18 there has been no undue delay by Plaintiff in seeking amendment. Moreover, there is no 19 indication of bad faith on the part of Plaintiff, futility of amendment, or prejudice to Defendant. 20 See generally Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004); Bowles v. Reade, 198 F.3d 21 752, 758 (9th Cir. 1999). While Defendant and PSI are willing to provide a declaration, that does 22 not render amendment nugatory or unnecessary. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: April 24, 2017 ______________________________________ EDWARD M. CHEN United States District Judge

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