Chen v. National Enterprise Systems, Inc.

Filing 29

ORDER by Judge Yvonne Gonzalez Rogers granting 21 Motion for Leave to Amend Complaint. The Court VACATES the hearing set for August 20, 2013. (fs, COURT STAFF) (Filed on 7/24/2013)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 RICHARD CHEN, Plaintiff, 8 9 10 v. ORDER GRANTING MOTION OF PLAINTIFF RICHARD CHEN FOR LEAVE TO AMEND COMPLAINT NATIONAL ENTERPRISE SYSTEMS, INC., Defendant. 11 United States District Court Northern District of California Case No.: 12-CV-5910 YGR 12 Plaintiff Richard Chen brings this putative class action against Defendant National 13 Enterprise Systems, alleging claims of violation of the federal Telephone Consumer Protection Act, 14 47 U.S.C. § 227 et seq. 15 Plaintiff has filed a Motion for Leave to Amend to add two new defendants, Soundbite 16 Communications, Inc. and Astra Business Services Private Limited. (Dkt. No. 21.) Plaintiff 17 contends that these new defendants are necessary parties who were only recently identified in 18 responses to discovery requests. Defendant National Enterprise Systems does not oppose the 19 motion. (Dkt. No. 28, Notice of Non-Opposition.) 20 Having carefully considered the papers submitted and the pleadings in this action, and for 21 the reasons set forth below, the Court hereby GRANTS the Motion for Leave to Amend.1 Leave to 22 amend is liberally granted. Foman v. Davis, 371 U.S. 178, 182 (1962); Chodos v. West Pub. 23 Co., 292 F.3d 992, 1003 (9th Cir. 2002) (leave to amend granted with “extreme liberality”). “In 24 the absence of any apparent or declared reason – such as undue delay, bad faith or dilatory motive 25 26 1 27 28 Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds this motion appropriate for decision without oral argument. Accordingly, the Court VACATES the hearing set for August 20, 2013. 1 on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, 2 undue prejudice to the opposing party by virtue of allowance of the amendment, futility of 3 amendment, etc. – the leave sought should, as the rules require, be ‘freely given.’” Eminence 4 Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (quoting Foman, 371 U.S. at 5 182). The Court finds that leave is appropriately granted here, particularly given the lack of 6 opposition. 7 8 9 10 United States District Court Northern District of California 11 12 Plaintiff shall file his proposed First Amended Complaint, attached as Exhibit A to the Declaration of Abbas Kazerounian, no later than July 30, 2013. This Order terminates Docket No. 21. IT IS SO ORDERED. Date: July 24, 2013 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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