Beagle v. Rite Aid Corporation

Filing 33

ORDER by Judge Hamilton granting 30 Motion for Leave to File Amended Complaint, and Order Vacating Hearing Date (pjhlc1, COURT STAFF) (Filed on 10/22/2008)

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1 2 3 4 5 6 7 8 9 10 v. RITE AID CORPORATION, Defendant. _______________________________/ Before the court is plaintiff's motion for leave to file a first amended complaint. The court having read and considered the briefs filed by both parties, finds that a hearing is unnecessary, and hereby VACATES the October 29, 2008 date for the hearing. Although the amendments are not entirely necessary, plaintiff's asserted reasons for advancing them to clean up the pleading and delete the claim previously dismissed by the court are sufficient to justify the amendments given the liberality of Fed. R. Civ. P. 15. Yes, defendant may be prompted to file another answer, but the court fails to see how filing another answer, given the limited revisions, is more or even as onerous as opposing the motion. This is the type of motion that the court finds unnecessary and the type that the court suggests the parties try to avoid in the future. Plaintiff's motion for leave to file the proposed amended complaint is GRANTED. KIMBERLY BEAGLE, Plaintiff, No. C 08-1517 PJH ORDER GRANTING MOTION TO AMEND AND VACATING HEARING UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: October 22, 2008 ______________________________ PHYLLIS J. HAMILTON United States District Judge United States District Court For the Northern District of California 28 9 8 7 6 5 4 3 2 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 1 2

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