Desert Salon Services, Inc. v. KPSS, Inc.

Filing 15

ORDER that 14 Motion to File Amended Complaint is GRANTED. FURTHER ORDERED that plaintiff file the proposed amended complaint with the court within seven days of entry of this order. Signed by Judge James C. Mahan on 3/26/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8

DESERT SALON SERVICES, INC.,

9
10
11

2:12-CV-1886 JCM (CWH)

Plaintiff(s),
v.
KPSS, INC.,

12
13

Defendant(s).

14
15
16
17

ORDER
Presently before the court is plaintiff Desert Salon Services’s motion seeking leave to amend
its complaint. (Doc. #14). Defendant KPSS, Inc. (Koa USA, Inc.) has not responded.

18

Pursuant to Local Rule 7-2(d), an opposing party’s failure to file a timely response to any

19

motion constitutes the party’s consent to the granting of the motion. LR 7-2. The instant motion

20

seeks to amend the complaint. In light of defendant’s failure to respond, the court finds granting the

21

motion appropriate. However, in good faith, the court also turns to the merits of the motion.

22

Federal Rule of Civil Procedure 15(a) provides that leave to amend “shall be freely given

23

when justice so requires.” The Supreme Court has interpreted Rule 15(a) and confirmed the liberal

24

standard district courts must apply when granting such leave. In Foman v. Davis, 371 U.S. 178

25

(1962), the Court explained: “In the absence of any apparent or declared reason – such as undue

26

delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by

27

amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the

28
James C. Mahan
U.S. District Judge

1

amendment, futility of the amendment, etc. – the leave sought should, as the rules require, be ‘freely

2

given.’” Id. at 182. In addition to the Rule 15(a) requirements, the local rules of federal practice in

3

the District of Nevada require that a plaintiff submit a proposed, amended complaint along with a

4

motion to amend. LR 15-1(a).

5

The court notes that plaintiff has complied with Local Rule 15-1 and attached the proposed

6

amended pleading. Further, the court finds none of the illustrative examples given by the Supreme

7

Court in Foman as grounds to deny leave here.

8

Accordingly,

9

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion to file

10
11
12
13

an amended complaint (doc. # 14) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiff file the proposed amended complaint with the
court within seven (7) days of entry of this order.
DATED March 26, 2013.

14
15
UNITED STATES DISTRICT JUDGE
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-