Tulare Local Health Care District et al v. California Department of Health Care Services et al
Filing
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ORDER by Judge Hamilton granting 53 Motion for Leave to File Amended Complaint; ORDER Vacating Hearing Date. (pjhlc1, COURT STAFF) (Filed on 9/27/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TULARE LOCAL HEALTH CARE
DISTRICT, et al.,
Case No. 15-cv-2711-PJH
Petitioners,
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ORDER GRANTING MOTION FOR
LEAVE TO AMEND COMPLAINT
v.
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United States District Court
Northern District of California
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CALIFORNIA DEPARTMENT OF
HEALTH CARE SERVICES, et al.,
Respondents.
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Petitioners in the above-entitled action seek leave to file an amended petition for
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writ of mandate. Federal Rule of Civil Procedure 15 requires that a plaintiff obtain either
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consent of the defendant or leave of court to amend its complaint once the defendant has
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answered, but “leave shall be freely given when justice so requires.” Fed. R. Civ. P.
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15(a); see also, e.g., Chodos v. West Pub. Co., 292 F.3d 992, 1003 (9th Cir. 2002) (leave
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to amend granted with “extreme liberality”). Leave to amend is thus ordinarily granted
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unless the amendment is futile, would cause undue prejudice to the defendants, or is
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sought by plaintiffs in bad faith or with a dilatory motive. Foman v. Davis, 371 U.S. 178,
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182 (1962); Smith v. Pac. Props. & Dev. Corp., 358 F.3d 1097, 1101 (9th Cir. 2004).
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Respondents oppose the motion, arguing that amending the petition will be futile,
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and that they will be prejudiced thereby. Having read the parties’ papers and carefully
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considered their arguments and the relevant legal authority, the court hereby GRANTS
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the motion. The court finds no obvious prejudice to respondents from the filing of an
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amended petition, and finds further that the applicability of the recent decision in Hoag
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Mem. Hosp. Presbyterian v. Price, 866 F.3d 1072 (9th Cir. 2017), can be addressed in
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the cross-motions for summary judgment.
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The hearing on the motion for leave to amend, previously noticed for October 4,
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2017, is VACATED. No later than Monday, October 2, 2017, petitioners shall file the
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amended petition as a stand-alone document. Thereafter, the parties shall meet and
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confer and submit a stipulation as to the briefing schedule for the cross-motions that were
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previously scheduled to be filed on October 4, 2017.
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United States District Court
Northern District of California
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IT IS SO ORDERED.
Dated: September 27, 2017
__________________________________
PHYLLIS J. HAMILTON
United States District Judge
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