Adkins v. Hyundai Motor America et al

Filing 60

ORDER Granting 44 Plaintiff's Motion to Amend/Correct Complaint. Plaintiff shall file her Second Amended Complaint as proposed in her Motion for Leave To Amend, Doc. 44 , Exh. A, no later than 10 days after the date of this Order. Signed by Magistrate Judge George Foley, Jr on 05/03/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LA SHARON ADKINS,

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Plaintiff,
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vs.
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HYUNDAI MOTOR AMERICA; et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-01612-GMN-GWF
ORDER
Motion to Amend Complaint (#44)

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This matter comes before the Court on Plaintiff’s Motion for Leave to Amend the

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Complaint (#44), filed on February 27, 2013. Defendant Henderson Hyundai Superstore, Inc.

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(“Defendant”) filed an Opposition (#48) on March 14, 2013. Plaintiff filed a Reply (#49) on March

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19, 2013. Defendant filed a Supplement (#51) to its Opposition on April 1, 2013.

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Plaintiff seeks leave to add claims for (1) failure to pay overtime in violation of the Fair

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Labor Standards Act (“FLSA”) and (2) retaliation in violation of the FLSA. Plaintiff alleges that

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documents produced by Defendant on or about February 21, 2013 revealed that Plaintiff worked

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over forty hours in a week without overtime pay, and that at least one witness heard Plaintiff

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complain about her hours shortly before her termination. In its Opposition, Defendant claims the

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extant time sheets suggest that Plaintiff worked 86.67 hours in a two-week pay period, or 6.67

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hours of overtime. In its Supplement (#51), Defendant represents it sent a check to Plaintiff on

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March 28, 2013 for $163.11, less withholdings, to compensate Plaintiff for the alleged unpaid

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overtime.

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Before deciding whether to grant Plaintiff leave to amend, the Court ordered Plaintiff to file
a supplement stating whether, in light of the payment, she believes an FLSA claim still exists. See

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April 16, 2013 Order, Doc. #52. Plaintiff filed her Supplement (#53) on April 21, 2013. Therein,

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Plaintiff disputes Defendant’s calculations of the amount of overtime Plaintiff worked and alleges

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the payment was not fully compensatory. Plaintiff also asserts the FLSA permits recovery for

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liquidated damages and attorneys’ fees in addition to any unpaid back wages. Finally, Plaintiff

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argues Defendant has not opposed Plaintiff’s request to add a retaliation claim under the FLSA.

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Federal Rule of Civil Procedure 15(a)(1)(B)(2) provides that leave to amend a complaint

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should be given freely when justice so requires. Unless undue prejudice to the opposing party will

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result or amendment would be futile, courts “should ordinarily permit a party to amend its

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complaint.” Howey v. U.S., 481 F.2d 1187, 1190 (9th Cir. 1973). The policy of favoring

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amendments to pleadings “should be applied with extreme liberality.” DCD Programs, Ltd. v.

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Leighton, 833 F.2d 183, 186 (9th Cir. 1987). In light of the supplemental briefing, the Court finds

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that amendment will not be futile and will not prejudice Defendant. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to Amend Complaint (#44)
is granted.

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IT IS FURTHER ORDERED that Plaintiff shall file her Second Amended Complaint as

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proposed in her Motion for Leave To Amend, Doc. 44, Exh. A, no later than 10 days after the date

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of this Order.

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DATED this 3rd day of May, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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