Thomas v. Solarcity Financial Company, LLC

Filing 47

ORDER Granting Leave to File Amended Complaint. Plaintiffs have shown that there's no issues of notice, delay, or prejudice in allowing amendment. The motion 42 for leave to file an amended complaint is Granted. Signed by Judge Larry Alan Burns on 12/06/2017. (ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JONATHAN DENICOLA, et al. ,

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Plaintiffs,
vs.

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CASE NO. 17cv820-LAB
ORDER GRANTING LEAVE TO
FILE AMENDED COMPLAINT

SOLARCITY CORPORATION, et al. ,

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Defendants.

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Plaintiffs ask for leave to file an amended complaint to add allegations, including

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PAGA claims, to avoid statute of limitations issues. The Court should freely give leave to

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amend when justice so requires . Fed . R. Civ. P. 15(a). Defendants argue that adding the

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PAGA claims would be futile: similar state court PAGA actions are pending, so the

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Defendants would seek, and win, a stay. Maybe so. But Defendants haven't made a

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sufficient showing that their likelihood of winning a stay is so obvious as to outweigh the

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liberal amendment policy. They didn't cite any authority for their position, and , Defendants

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previously argued that class representatives like Jonathan Denicola wouldn't have qualified

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as a plaintiff "in any pending action." [Dkt. 32 at 6.] Plaintiffs have shown that there's no

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issues of notice, delay, or prejudice in allowing amendment. The motion for leave to file an

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amended complaint is GRANTED.

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IT IS SO ORDERED.

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DATED:

/v ~' - /1
HONORABLE LARRY ALAN BURNS

United States District Judge