Israel Discount Bank of New York v. Simis, Inc. et al

Filing 113

ORDER by Judge Hamilton granting 98 Motion to Amend/Correct (pjhlc1, COURT STAFF) (Filed on 9/1/2011)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ISRAEL DISCOUNT BANK OF NEW
YORK,

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Plaintiff,
v.

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ORDER GRANTING MOTION FOR
LEAVE TO AMEND

SIMIS INC., et al.,

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No. C 10-5047 PJH

Defendants.
_______________________________/

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Defendants World of Charms, Inc., SIMSF, Inc., SIMUS, Inc., Adi Simayof, and Sarit

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Simhayoff Cohen seek leave to file a second amended answer and counterclaim. Having

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read the parties’ papers and carefully considered their arguments and the relevant legal

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authority, the court hereby GRANTS the motion.

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Federal Rule of Civil Procedure 15 provides that leave to amend shall be freely

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given. Fed. R. Civ. P. 15(a); see also, e.g., Chodos v. West Pub. Co., 292 F.3d 992, 1003

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(9th Cir. 2002) (leave to amend granted with “extreme liberality”). Leave to amend is thus

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ordinarily granted unless the amendment is futile, would cause undue prejudice to the

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defendants, or is sought by plaintiffs in bad faith or with a dilatory motive. Foman v. Davis,

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371 U.S. 178, 182 (1962); Smith v. Pacific Properties and Dev. Corp., 358 F.3d 1097, 1101

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(9th Cir. 2004).

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Plaintiff raises some possibly meritorious arguments regarding the futility of the

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proposed additions. However, with regard to the remaining factors, the fact that neither

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party has conducted discovery with regard to plaintiff’s contract claims strongly militates in

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favor of allowing defendants to amend their answer and counterclaims.

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The amended answer and counterclaims shall be filed no later than September 7,
2011.
The date for the hearing on the motion, previously set for September 21, 2011, is
VACATED.

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Dated: September 1, 2011
______________________________
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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IT IS SO ORDERED.

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