O'M and Associates, LLC et al v. Ozanne et al

Filing 113

TENTATIVE ORDER Regarding Defendant Matthew Stoen's Motion to Dismiss and Plaintiff's Motion for Leave to Amend Complaint; (2) ORDER Denying as Moot Ex Parte Motion for Shortened Time. If Defendants wish to oppose this tentative order, rec ognizing that leave to amend is freely granted, Defendants are directed to do so on or before March 4, 2011. In light of this schedule, the Court also denies as moot Plaintiff's request for setting the motion for leave to amend for March 14, 2011. Signed by Judge Marilyn L. Huff on 2/25/11. (All non-registered users served via U.S. Mail Service)(jer)

-RBB O'M and Associates, LLC et al v. Ozanne et al

Doc. 113

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 vs. 16 17 18 19 20 21 22 23 24 25 26 27 28 BRENDAN K. OZANNE, BRIAN C. DAWSON, AND DAWSON & OZANNE, a California general partnership, as escrow agent; MATTHEW STOEN, individually and as manager and agent for KODIAK FAMILY, LLC, a Nevada limited liability company; KODIAK FAMILY, LLC, individually and as agent for XYZ CORPORATION, Defendants. On January 31, 2011, Defendant Matthew Stoen ("Stoen") filed a motion to dismiss Counts I, III, IV, V, VI, VIII, and IX of Plaintiffs' complaint. (Doc. No. 104.) A hearing on the motion to dismiss is set on March 14, 2011. On February 23, 2011, Plaintiffs filed a motion for leave to amend complaint in lieu of response to the motion to dismiss. (Doc. No. 23.) A hearing is set on the motion for leave to amend on March 28, 2011. On February 23, (2) ORDER DENYING AS MOOT EX PARTE MOTION FOR SHORTENED TIME O'M AND ASSOCIATES, LLC, an Illinois limited liability company, d/b/a O'Malley and Associates; PRESERVE CAPITAL, LLC, an Illinois limited liability company; and MBM SETTLEMENTS, LLC, an Illinois limited liability company, Plaintiffs, CASE NO. 10-CV-2130 H (RBB) (1) TENTATIVE ORDER REGARDING DEFENDANT MATTHEW STOEN'S MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

-1-

10cv2130

Dockets.Justia.com

1 2011, Plaintiffs also filed an ex parte motion for shortened briefing on its motion for leave to 2 amend complaint to have it heard with the motion to dismiss on March 14, 2011. (Doc. No. 3 110.) 4 Federal Rule of Civil Procedure 15(a) allows a party leave to amend its pleading once

5 as a matter of right prior to service of a responsive pleading. Thereafter, "a party may amend 6 that party's pleading only by leave of the court or by written consent of the adverse party and 7 leave shall be freely given when justice so requires." Fed. R. Civ. P. 15(a). The decision 8 whether to grant leave to amend "is entrusted to the sound discretion of the trial court." Jordan 9 v. County of Los Angeles, 669 F.2d 1311, 1324 (9th Cir.1982), vacated on other grounds, 459 10 U.S. 810 (1982). Leave to amend is freely granted when justice requires. Moore v. R.G. 11 Industries, Inc., 789 F.2d 1326, 1328 (9th Cir. 1986). 12 Exercising its discretion and in the interests of justice and judicial economy, the Court

13 is inclined to grant the motion for leave to amend the complaint. Granting Plaintiff leave to 14 amend would render moot Defendant Stoen's motion to dismiss counts of the current 15 complaint. If Defendants wish to oppose this tentative order, recognizing that leave to amend 16 is freely granted, Defendants are directed to do so on or before March 4, 2011. In light of this 17 schedule, the Court also denies as moot Plaintiff's request for setting the motion for leave to 18 amend for March 14, 2011. 19 IT IS SO ORDERED.

20 Dated: February 25, 2011 21 22 23 24 25 26 27 28
-210cv2130

________________________________ MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT