Lillis v. Apria Healthcare et al

Filing 111

ORDER Denying 108 Plaintiff's Motion for Leave to File Second Amended Complaint. Signed by Judge Gonzalo P. Curiel on 3/25/2013. (All non-registered users served via U.S. Mail Service)(srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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LANCE W. LILLIS,

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vs.

CASE NO. 12cv0052-GPC-KSC
Plaintiff,

APRIA HEALTHCARE,

ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO FILE
SECOND AMENDED COMPLAINT
[DKT. NO. 108]

Defendant.

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For the reasons below, the Court hereby DENIES Plaintiff’s motion for leave
to file a second amended complaint. (Dkt. No. 108.)
DISCUSSION
Before the Court is Plaintiff’s motion for leave to file a second amended
complaint. (Dkt. No. 108.) Generally, leave to amend should be freely granted and
leave should be denied only on a clear showing that competing considerations
outweigh the general policy. Fed. R. Civ. Proc. 15(a). Factors that could support
denial of leave to amend include futility of the proposed amendment. Millar v. Bay
Area Rapid Transit Dist., 236 F. Supp. 2d 1110, 1113 (N.D. Cal. 2002). Here,
Plaintiff seeks leave to amend his first amended complaint to “add additional
parties, legal theories, and facts that came in light during the discovery process.”
(Dkt. No. 108 at 2.) Upon review, the Court finds that the proposed second
amended complaint is an exact duplication of the first amended complaint. (See

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1 Dkt. No. 108, Exhibit A “Proposed Second Amended Complaint.”) The proposed
2 second amended complaint does not add any new defendants, assert any new facts,
3 or allege any new causes of action. Accordingly, the Court finds the proposed
4 second amended complaint is futile. Plaintiff’s motion for leave to amend the first
5 amended complaint is therefore DENIED.
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SO ORDERED.

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8 DATED: March 25, 2013
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HON. GONZALO P. CURIEL
United States District Judge

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