Brooks v. Comunity Lending,Inc.,

Filing 26

ORDER by Judge Jeremy Fogel granting 25 Motion to Amend/Correct ; Marjorie Brooks is required to E-FILE the amended document (jflc1, COURT STAFF) (Filed on 9/30/2008)

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**E-Filed 9/30/08**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARJORIE BROOKS, individually and on behalf of all others similarly situated, Plaintiff, v.

Case Number C 07-4501 JF (HRL) ORDER1 GRANTING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT [re: docket no. 25]

COMUNITY LENDING, INC. and DOES 1 through 10 inclusive, Defendants.

Plaintiff Marjorie Brooks moves for leave to file a second amended complaint, specifically to substitute certain parties as defendants and to refine the allegations of the complaint. Defendants do not oppose the motion. The Court finds that the motion is appropriate for submission without oral argument pursuant to Civ. L. R. 7-1(b). Courts freely grant leave to amend "when justice so requires." See Fed. R. Civ. P. 15(a)(2). Leave to amend generally is allowed when the amendment does not prejudice the opposing party, is not sought in bad faith, does not cause undue delay, and is not an exercise in futility. See Foman v. Davis, 371 U.S. 178, 182 (1962). In the instant case, Plaintiff's proposed

This disposition is not designated for publication and may not be cited.

C a s e No. C 07-4501 JF (HRL) O R D E R GRANTING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT ( JF L C 1 )

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amendments appear to meet these requirements. Accordingly, Plaintiff's motion for leave to file a second amended complaint is GRANTED.

IT IS SO ORDERED.

DATED: September 30, 2008 _____________________________ JEREMY FOGEL United States District Judge

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C a s e No. C 07-4501 JF (HRL) O R D E R GRANTING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT ( JF L C 1 )

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This Order has been served upon the following persons: David M. Arbogast Jeffrey K Berns Jonathan Shub Lee A. Weiss [e-mail], [e-mail]

[e-mail], [e-mail] [e-mail], [e-mail] [e-mail] [e-mail] [e-mail] [e-mail], [e-mail] [e-mail]

Michael C Eyerly Patrick DeBlase Paul R. Kiesel Rebecca Tingey

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C a s e No. C 07-4501 JF (HRL) O R D E R GRANTING MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT ( JF L C 1 )