Warren v. Stellar Senior Living, LLC

Filing 17

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Warrens Motion to Amend (Dkt. 15 ) is GRANTED. 2. Warren shall have 7 days to file her Amended Complaint as outlined in Docket 16. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SARA WARREN,
Case No. 1:17-cv-00173-DCN
Plaintiff,

MEMORANDUM DECISION AND
ORDER

v.
STELLAR SENIOR LIVING, LLC,
Defendant.

I. INTRODUCTION
Pending before the Court is Plaintiff Sara Warren’s Motion to Amend/Correct
Complaint. Dkt. 15. Warren seeks to add Lincoln Court Idaho Falls (IDIFLC), LLC, d/b/a
Lincoln Court Retirement Community as a proper defendant/ real party in interest.
Defendant Stellar Living, LLC, does not oppose the Motion. Dkt. 15-1.
II. LEGAL STANDARD
Federal Rule of Civil Procedure 15(a) provides that, once a responsive pleading
has been served, a party may amend its pleading “only with the opposing party’s written
consent or the court’s leave. The court should freely give leave when justice so requires.”
Fed. R. Civ. P. 15(a)(2). However, when—as in this case—a party files a motion to
amend after the Court’s case management deadline to amend has passed, district courts in
the Ninth Circuit apply Federal Rule of Civil Procedure 16(b), followed by a Rule15(a)

MEMORANDUM DECISION AND ORDER - 1

analysis. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir.
1992). Under Rule 16(b), the movant must demonstrate good cause to amend. Id. at 609.
III. ANALYSIS
In this case, the deadline to amend pleadings or join parties was February 28,
2018. Dkt. 14. Because Warren filed this Motion after the deadline, the Court must utilize
the higher “good cause” standard of Rule 16 to determine if Warren can amend. Lengthy
analysis is unnecessary, however, as the parties are in agreement on this Motion. It
appears that IDIFLC is a real party in interest and the only reason Warren did not name it
as a defendant from the outset was because IDIFLC had been administratively dissolved.
Now reinstated, it appears necessary to add IDIFLC in the interest of justice. Warren has
met the good cause standard and the Court will GRANT the Motion.
IV. ORDER
IT IS ORDERED:
1.

Warren’s Motion to Amend (Dkt. 15) is GRANTED.

2.

Warren shall have 7 days to file her Amended Complaint as outlined in
Docket 16.

DATED: April 3, 2018
_________________________
David C. Nye
U.S. District Court Judge

MEMORANDUM DECISION AND ORDER - 2