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