Horus Vision, LLC v. APPLIED BALLISTICS, LLC et al

Filing 99

ORDER GRANTING 78 MOTION FOR LEAVE TO AMEND COMPLAINT. Plaintiff is required to E-FILE the amended document on or before 4/6/2015. Signed by Judge Beth Labson Freeman on 3/27/2015. (blflc1, COURT STAFF) (Filed on 3/27/2015)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 HORUS VISION, LLC, Case No. 13-cv-05460-BLF Plaintiff, 8 v. ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT 9 10 APPLIED BALLISTICS, LLC, et al., [RE: ECF 78] Defendants. United States District Court Northern District of California 11 12 13 Plaintiff’s motion for leave to amend its complaint came on for hearing on March 26, 14 2015. The Court has considered the briefing as well as the oral arguments of counsel presented at 15 the hearing. Plaintiff’s motion is governed by Federal Rule of Civil Procedure 15(a)(2), which 16 directs that “[t]he court should freely give leave when justice so requires.” Fed. R. Civ. P. 17 15(a)(2). There is no evidence that the motion is brought in bad faith; Plaintiff has not unduly 18 delayed in bringing the motion; the motion is not futile; and there is no undue prejudice to 19 Defendants. See Foman v. Davis, 371 U.S. 178, 182 (1962) (listing factors to be considered when 20 determining if leave to amend is appropriate under Rule 15(a)). For these reasons and the reasons 21 stated on the record at the hearing, Plaintiff’s motion for leave to amend is GRANTED. The 22 amended complaint shall be filed on or before April 6, 2015 and service of process shall be 23 effected upon the newly added defendant, Applied Ballistics Media, Inc., as soon as is practicable. 24 IT IS SO ORDERED. 25 26 27 28 Dated: March 27, 2015 ______________________________________ BETH LABSON FREEMAN United States District Judge

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