Knapp v. Noreen Cardinale

Filing 30

Order by Hon. Ronald M. Whyte granting 22 Motion for Leave to File. (rmwlc2, COURT STAFF) (Filed on 3/18/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KEITH CHARLES KNAPP, as Trustee of the
California Home Loans Profit Sharing Plan;
TRUST FOR THE CALIFORNIA HOME
LOANS PROFIT SHARING PPLAN, as a
fiduciary of the California Home Loans Profit
Sharing Plan,
Plaintiffs,

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Case No. C-12-05076-RMW
ORDER GRANTING DEFENDANT'S
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT

[Re Docket No. 22]

v.
NOREEN CARDINALE, an individual,
Defendant.

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Plaintiff Keith Charles Knapp moves for leave to file a First Amended Complaint against

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defendant Noreen Cardinale to add a plaintiff. Under the Federal Rules, an amendment is only

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allowed with the court's leave, but it "should freely give leave when justice so requires." Fed. R.

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Civ. P. 15. "In the absence of any apparent or declared reason-such as undue delay, bad faith or

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dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments

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previously allowed, undue prejudice to the opposing party by virtue of allowance of the

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amendment, futility of amendment, etc.-the leave sought should, as the rules require, be 'freely
LEAVE TO FILE AMENDED COMPLAINT
CASE NO. C-12-05076-RMW
TMDH/SW

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given.'" Foman v. Davis, 371 U.S. 178, 182 (1962); Hall v. City of Los Angeles, 697 F.3d 1059,

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1073 (9th Cir. 2012). Because Cardinale has failed to show any of these factors, the court

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GRANTS leave to amend the complaint.

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Dated: March 18, 2013
Ronald M. Whyte
United States District Court Judge

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LEAVE TO FILE AMENDED COMPLAINT
CASE NO. C-12-05076-RMW
TMDH/SW

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