Nguyen v. Washington Mutual Bank N.A. et al

Filing 41

ORDER Granting 32 Renewed Motion to Amend. Amended Complaint due within 10 days. Signed by Judge Larry R. Hicks on 4/2/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HANH NGUYEN,
Plaintiff,

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v.

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WASHINGTON MUTUAL BANK N.A.;
et al.,

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Defendants.

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2:11-cv-1799-LRH-RJJ
ORDER

Before the court is pro se plaintiff Hanh Nguyen’s (“Nguyen”) renewed motion for leave to

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file an amended complaint. Doc. #32.1

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I.

Facts and Procedural History

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In September, 2007, Nguyen purchased real property through a mortgage note and deed of

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trust originated by defendants. Eventually, Nguyen defaulted on the mortgage note and defendants

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initiated non-judicial foreclosure proceedings.

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Subsequently, Nguyen filed a complaint against defendants for wrongful foreclosure.

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Doc. #1, Exhibit A. Shortly after filing his initial complaint, Nguyen filed a motion for leave to file

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an amended complaint (Doc. #18) which was granted by the court (Doc. #28). Thereafter, Nguyen

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filed the present renewed motion for leave to file an amended complaint. Doc. #32.

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Refers to the court’s docket number.

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II.

Discussion

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A party may amend its pleadings after a responsive pleading has been filed by leave of

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court. FED. R. CIV. P. 15(a)(2). Leave of court to amend should be freely given when justice so

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requires and when there is no undue delay, bad faith, or dilatory motive on the part of the moving

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party. See Wright v. Incline Village General Imp. Dist., 597 F.Supp.2d 1191 (D. Nev. 2009); DCD

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Programs, LTD v. Leighton, 883 F.2d 183 (9th Cir. 1987).

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Here, Nguyen requests leave to amend his complaint to add additional claims and

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allegations against the named defendants. See Doc. #32. A copy of the proposed amended

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complaint is attached to the motion in accordance with LR 15-1. Doc. #32, Exhibit 1.

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The court finds that there is no undue delay, bad faith, or dilatory motive on behalf of

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Nguyen in requesting leave to amend his complaint. Further, the court finds that the matter is early

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in litigation and that defendants would not be prejudiced by allowing amendment. Accordingly,

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Nguyen shall be granted leave to amend his complaint.

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IT IS THEREFORE ORDERED that plaintiff’s renewed motion to amend (Doc. #32) is

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GRANTED. Plaintiff Hanh Nguyen shall have ten (10) days from entry of this order to file the

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amended complaint filed with his motion to amend (Doc. #32).

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IT IS SO ORDERED.

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DATED this 2nd day of April, 2013.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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