Mulvany v. Live Nation Entertainment, Inc.

Filing 25

ORDER SUBMITTING 21 PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT WITHOUT ORAL ARGUMENT; VACATING HEARING ON 21 MOTION; GRANTING 21 MOTION; AND DIRECTING THE PARTIES TO SUBMIT A PROPOSED MODIFIED CASE SCHEDULE. Amended Pleadings due by 6/3/2016. Proposed modified case schedule due by 6/3/2016. Signed by Judge Beth Labson Freeman on 5/19/2016. (blflc1S, COURT STAFF) (Filed on 5/19/2016)

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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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DANA MULVANY,

Case No. 15-cv-04371-BLF

Plaintiff,
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v.
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LIVE NATION ENTERTAINMENT, INC.,

United States District Court
Northern District of California

Defendant.
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ORDER SUBMITTING PLAINTIFF’S
MOTION FOR LEAVE TO FILE FIRST
AMENDED COMPLAINT WITHOUT
ORAL ARGUMENT; VACATING
HEARING ON MOTION; GRANTING
MOTION; AND DIRECTING THE
PARTIES TO SUBMIT A PROPOSED
MODIFIED CASE SCHEDULE
[Re: ECF 21]

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Plaintiff Dana Mulvany filed this action in the Santa Clara County Superior Court small

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claims division, alleging that Defendant Live Nation Entertainment, Inc. committed an unspecified

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violation of her rights under the Americans with Disabilities Act. Defendant removed the action

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to the United States District Court for the Northern District of California. Plaintiff seeks leave to

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file a first amended complaint, as the original complaint was filed on a small claims form that does

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not meet federal pleading requirements. Plaintiff has submitted a proposed first amended

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complaint in compliance with the Court’s Civil Local Rules which fleshes out the factual and legal

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bases for her claims.

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Defendant has filed a response to Plaintiff’s motion representing that it would have

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stipulated to amendment, but Plaintiff filed the present motion before discussions regarding

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stipulation could be concluded. Defendant also asserts that Plaintiff’s proposed first amended

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complaint contains pleading deficiencies which Defendant outlines in its response.

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Plaintiff’s reply disputes Defendant’s characterization of events and in particular
Defendant’s representation that it never opposed Plaintiff’s request to amend the complaint.

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Based upon the parties’ submissions, it appears that there has been a significant breakdown

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in communication between counsel. The Court urges counsel to meet and confer more effectively

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on any future issues that arise in the case so as to avoid wasting resources on matters that do not

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require judicial intervention. In light of the liberal standard governing amendment under Federal

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Rule of Civil Procedure 15(a)(2), providing that “[t]he court should freely give leave when justice

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so requires,” the reasons given by Plaintiff for seeking leave to amend, and Defendant’s lack of

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opposition, Plaintiff’s motion for leave to amend is GRANTED. Plaintiff may file the proposed

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first amended complaint it has submitted to the Court or it may submit a revised first amended

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complaint that addresses the asserted deficiencies raised by Defendant in its response to Plaintiff’s

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United States District Court
Northern District of California

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motion.
The Court will direct the parties to meet and confer regarding any modifications to the case
schedule necessitated by the filing of a first amended complaint.

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Accordingly, IT IS HEREBY ORDERED that:

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(1)

Plaintiff’s motion for leave to file a first amended complaint, previously set for

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hearing on June 2, 2016, is hereby SUBMITTED without oral argument and the

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hearing is VACATED. See Civ. L.R. 7-1(b).

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(2)

Plaintiff’s motion for leave to file a first amended complaint is GRANTED.

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(3)

Plaintiff shall file a first amended complaint on or before June 3, 2016.

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(4)

The parties shall meet and confer regarding any modifications to the case schedule

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necessitated by the filing of a first amended complaint and shall submit a stipulated

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proposed modified case schedule on or before June 3, 2016.

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Dated: May 19, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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