Pomponio v. Public Storage

Filing 29

ORDER by Magistrate Judge Jacqueline Scott Corley granting 28 Motion for Leave to File. Amended complaint due by 9/22/2020. (ahm, COURT STAFF) (Filed on 9/15/2020)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MERYL POMPONIO, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 19-cv-00595-JSC ORDER RE: PLAINTIFF’S MOTION TO AMEND THE COMPLAINT v. PUBLIC STORAGE, Re: Dkt. No. 28 Defendant. 12 13 Before the Court is Plaintiff’s unopposed motion for leave to file an amended complaint. 14 (Dkt. No. 28.) On February 3, 2019, Plaintiff filed this action against Defendant for violations of 15 the Americans with Disabilities Act (“ADA”), California Civil Code section 51 and California 16 Civil Code section 54. (Dkt. No. 1.) On August 14, 2020, Plaintiff filed a motion for leave to file 17 an amended complaint. (Dkt. No. 28.) Defendant has not filed an opposition to the motion and 18 the time for an opposition has passed. After reviewing the motion, the Court concludes that oral 19 argument is not necessary, see N.D. Cal. Civ. L.R. 7-1(b), and GRANTS the motion. 20 In her motion for leave to amend, Plaintiff “seek[s] to add barriers to access that existed at 21 the time the Complaint was filed.” (Dkt. No. 28-2 at 5.) Federal Rule of Civil Procedure 15(a)(2) 22 provides that “[t]he court should freely give leave” to amend a pleading “when justice so 23 requires.” The policy favoring amendments “is to be applied with extreme liberality.” Morongo 24 Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). In the absence of any 25 “apparent or declared reason . . . the leave sought should, as the rules require, be ‘freely given.’” 26 Foman v. Davis, 371 U.S. 178, 182 (1962). 27 The Court finds justice would be served by permitting Plaintiff to amend her complaint. 28 Given as well that the motion is unopposed—and therefore Defendant has offered no reason to 1 deny Plaintiff’s motion—the Court GRANTS Plaintiff’s motion. CONCLUSION 2 3 Plaintiff’s motion for leave to file an amended complaint is GRANTED. Plaintiff shall file 4 the amended complaint within 7 days of this Order, and Defendant shall file a response to the 5 amended complaint within the time permitted by the Federal Rules of Civil Procedure. 6 This Order disposes of Dkt. No. 28. 7 IT IS SO ORDERED. 8 Dated: September 15, 2020 9 10 JACQUELINE SCOTT CORLEY United States Magistrate Judge 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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