Chyba v. First Financial Asset Management, Inc.

Filing 27

ORDER Granting 21 Motion for Leave to Amend Complaint. Signed by Judge Roger T. Benitez on 3/28/2013. (knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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PAMELA CHYBA,

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vs.

CASE NO. 12-CV-1721 BEN WVG
Plaintiff,

FIRST FINANCIAL ASSET
MANAGEMENT, INC. aka FFAM,

ORDER GRANTING MOTION
FOR LEAVE TO AMEND
COMPLAINT
[ECF No. 21]

Defendant.

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Presently before the Court is Plaintiff Pamela Chyba's Motion For Leave To

17 Amend Original Complaint, filed March 14,2013. ECF No. 21. Plaintiff seeks to
18 make minor changes to her complaint related to the specific statutory violations
19 being asserted. She has attached her proposed first amended complaint as an exhibit
20 to the motion. ECF No. 21-3.
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The scheduling order in this case set January 22, 2013 as the deadline to
22 amend the pleadings. ECF No. 19. Once the court has filed a pretrial scheduling
23 order pursuant to Federal Rule of Civil Procedure 16, that rule's standards control.

24 Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992). Rule
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16(b)(4) establishes that a scheduling order can be modified only on good cause and

26 with the judge's consent. Because the proposed changes are minor, Defendant will
27 not be prejudiced by the proposed modification. Indeed, Defendant indicated in an
28 unrelated motion that it does not oppose the request. ECF No. 22. Accordingly,
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1 Plaintiffs request for leave to amend is GRANTED. The Clerk ofCPllrt shall file
2 the proposed first amended complaint, which is attached as an exhibit to Plaintiff s
3 motion (ECF No. 21-3) as Plaintiffs first amended complaint\,·

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