WAMC Company, Inc. v. Midwest Insurance Company et al

Filing 22

ORDER granting 17 Motion to Amend/Correct the complaint.. Signed by Judge Jeffrey T. Miller on 7/1/14. Plaintiffs may file the second amendedcomplaint within twenty days of the filing of this order. The second amendedcomplaint may not add new parties or assert new claims and should be consistent withthe proposed second amended complaint attached to Plaintiffs motion (av1)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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WAMC COMPANY, INC. doing
business as Cal West Enterprises,
vs.

Plaintiff,

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ORDER GRANTING UNOPPOSED
MOTION TO AMEND THE
COMPLAINT

MIDWEST INSURANCE
COMPANY; ILLINOIS MIDWEST
INSURANCE AGENCY, INC.; STAR
INSURANCE COMPANY; and
DOES 1 through 100, inclusive,

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CASE NO. 13-cv-2649 JM (JLB)

Defendant.

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On April 1, 2014, Plaintiff filed a motion for leave to file a second amended

19 complaint. (Dkt. No. 17). Plaintiff attached the proposed second amended complaint
20 as an exhibit to the motion. (Dkt. No. 17-4). Defendants have not filed an opposition
21 to Plaintiff’s motion. Having reviewed Plaintiff’s request, the court finds this matter
22 suitable for resolution on the papers without oral argument pursuant to Civil Local
23 Rule 7.1.d.1. Based on the following, Plaintiff’s motion is hereby GRANTED.
Under Federal Rule of Civil Procedure 15(a)(2), parties may amend their
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25 pleadings with either the opposing party’s written consent or the court’s leave. Rule
26 15(a)(2) further states “the court should freely give leave when justice so requires.”
27 Generally, leave to amend should be granted “absent bad faith, futility, undue prejudice
28 or excessive delay.” AmerisourceBergen Corp. v. Dialysist West, Inc., 465 F.3d 946,
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13-cv-2649 JM (JLB)

1 951 (9th Cir. 2006)(citations omitted).
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In the proposed second amended complaint, Plaintiff seeks to add a request for

3 punitive damages and attorney’s fees in the fourth cause of action and a request for
4 punitive damages in the sixth cause of action. Plaintiff asserts these “remedies were
5 not included in the original complaint in an effort to conservatively plead the case until
6 more facts were known.” (Pl. Mot. at 1, 7). Plaintiff also seeks to replace paragraphs
7 36-71 of the first amended complaint with paragraphs 36-74, as proposed in the second
8 amended complaint. (Id. at 7). Plaintiff indicates these paragraphs are designed to
9 better describe the facts supporting its request for punitive damages and also provide
10 a more detailed pleading for the benefit of Defendants and the court. (Id.) Lastly,
11 Plaintiff wishes to add a reference to Exhibit 1 at the end of paragraph 35. Exhibit 1
12 was also attached to the first amended complaint. Having reviewed the first amended
13 complaint and the proposed second amended complaint, these requests do not implicate
14 any of the factors that may weigh against granting leave to amend. (Id.)
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Moreover, Defendants have not offered any argument to support denying

16 Plaintiff’s request. Local Rule 7.1.e.2. requires a party opposing a motion to file an
17 opposition or statement of nonopposition within fourteen calendar days of the noticed
18 hearing. Failure to file an opposition in compliance with these rules “may constitute
19 a consent to the granting of a motion” under Local Rule 7.1.f.3.c.
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In light of these considerations, the court grants Plaintiffs’ unopposed motion for

21 leave to file a second amended complaint. Plaintiffs may file the second amended
22 complaint within twenty days of the filing of this order. The second amended
23 complaint may not add new parties or assert new claims and should be consistent with
24 the proposed second amended complaint attached to Plaintiff’s motion.
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IT IS SO ORDERED.

26 DATED: July 1, 2014
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Hon. Jeffrey T. Miller
United States District Judge
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13-cv-2649 JM (JLB)