Jones et al v. United States Department of the Navy et al

Filing 72

ORDER Granting 62 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file the proposed second amended complaint attached to the motion within ten (10) days from the date of this Order. Signed by Judge William Q. Hayes on 7/17/16. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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THERESA JONES,jndividually and
as Executrix of the J:.state of
LANDON JONES decease;
ANTHONY JONE~~minor by and
through g~ p~rent, ll"1.tRESA
JONES; HUNTER JONliSri,a minor by
and throu.,ghltis Qarent, ll"1.tRESA
JONES; CHRISTINA GIBSON·
individually and as Executrix of the
Estate of JONATHAN GIBSON,
decease; MAKAYLIN GIBSON, a
minor by and thro\.!&h her parent,
CHRISTINA GIBSON·
ALEXANDER GIBSON a minor by
and through his parent, CHRISTINA
GIBSON,

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ORDER

Plaintiff,
v.
UNITED STATES DEPARTMENT
OF THE NAVY; UNITED STATES
DEPARTMEN 1 OF VETERANS
AFFAIRS· PRUDENTIAL
INSURANCE COMPNA Y OF
AMERICA, a New Jersey
Corporatiol).i GIBBS & CO& INC;{ a
New York l..Qrporation,; BA 1 t1 IRuN
WORKS CORPORATIO~ a Maine
Corporation· HUNTINGTuN
INGALLS iNDUSTRIES, INC. a
Delaware Corporation; and JANA
V A VASSEUR, an individual,

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CASE NO. 15cv2087-WQH-RBB

Defendant.

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HAYES, Judge:
The matter before the Court is the Motion for Leave to File Second Amended
Complaint Pursuant to Federal Rule Civil Procedure15(a)(2). (ECF No. 62).
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15cv2087·WQH-RBB

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Federal Rule of Civil Procedure 15 mandates that leave to amend "be freely

2 given when justice so requires." Fed. R. Civ. P. 15(a). "This policy is to be applied
3 with extreme liberality." Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051
4 (9th Cir. 2003 ) (quotation omitted). In determining whether to allow an amendment,
5 a court considers whether there is "undue delay," "bad faith," "undue prejudice to the
6 opposing party," or "futility of amendment." Foman v. Davis, 371 U.S. 178, 182
7 (1962). <'Not all ofthe [Foman) factors merit equal weight... . [I)t is the consideration
8 of prejudice to the opposing party that carries the greatest weight." Eminence Capital,
9 316 F.3d at 1052 (citation omitted). "The party opposing amendment bears the burden
10 of showing prejudice." DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir.
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1987). "Absent prejudice, or a strong showing of any of the remaining Foman factors,

12 there exists a presumption under Rule 15(a) in favor of granting leave to amend."
13 Eminence Capital, 316 F.3d at 1052.

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After review of the motion for leave to file the second amended complaint and

15 all related filings, the Court concludes that Defendants have not made a sufficiently
16 strong showing of the Foman factors to overcome the presumption under Rule 15(a)
17 in favor of granting leave to amend. See Eminence Capital, 316 F.3d at 1052.
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IT IS HEREBY ORDERED that the Motion for Leave to File Proposed Second

19 Amended Complaint (ECF No. 62) is granted. Plaintiffs shall file the proposed second
20 amended complaint attached to the motion within ten (10) days from the date of this
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Order.

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23 DATED:

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--.:..L~-=-/_ff_0_b_~

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WILLIAM Q. HAYES
United States District Judge

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Ilcv2087·WQH·RBB