U.S. Bank N.A., v. 508 Brundy Island Trust

Filing 26

ORDER that 25 Motion for Leave to File a First Amended Complaint is GRANTED. Plaintiff shall have fourteen days from the filing date of this Order to file its first amended complaint. Signed by Chief Judge Gloria M. Navarro on 4/14/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 U.S. BANK N.A., 4 Plaintiff, 5 vs. 6 508 BRUNDY ISLAND TRUST, 7 Defendant. 8 ) ) ) ) ) ) ) ) ) Case No.: 2:15-cv-01666-GMN-VCF ORDER 9 10 Pending before the Court is the unopposed Motion for Leave to File an Amended 11 Complaint, (ECF No. 25), filed by Plaintiff U.S. Bank N.A. (“Plaintiff”). For the reasons 12 discussed below, the Court GRANTS Plaintiff’s Motion. 13 I. 14 BACKGROUND This case arises out of a homeowners’ association foreclosure sale conducted pursuant to 15 NRS § 116.3116. Plaintiff asserts a quiet title claim and seeks declaratory and injunctive relief 16 against Defendant 508 Brundy Island Trust, grantee at the HOA sale. (See Compl. ¶ 18, ECF 17 No. 1). In the instant Motion, Plaintiff seeks leave to file an amended complaint adding 18 Washburn Creek Association (“HOA”) as a defendant to this case. (Mot. to Am. 3:3–7, ECF 19 No. 25). 20 II. LEGAL STANDARD 21 Federal Rule of Civil Procedure 15(a)(1)(A) allows a party to amend its pleading once as 22 a matter of course within 21 days after serving it. Fed. R. Civ. P. 15(a)(1)(A). If the pleading is 23 one to which a responsive pleading is required, the party may also amend within “21 days after 24 service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or 25 (f), whichever is earlier.” Fed. R. Civ. P. 15(a)(1)(B). Page 1 of 3 1 Once the time period to amend as a matter of course in Rule 15(a)(1) of the Federal 2 Rules of Civil Procedure has passed, “a party may amend its pleading only with the opposing 3 party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). However, Rule 15(a)(2) 4 further instructs that courts “should freely give leave [to amend] when justice so requires.” Id. 5 “In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory 6 motive on the part of the movant, repeated failure to cure deficiencies by amendments 7 previously allowed, undue prejudice to the opposing party by virtue of allowance of the 8 amendment, futility of amendment, etc.—the leave sought should, as the rules require, be 9 ‘freely given.’” Foman v. Davis, 371 U.S. 178, 182 (1962). 10 III. 11 DISCUSSION The Court has reviewed the documents and pleadings on file in this matter and finds that 12 good cause exists to grant Plaintiff’s Motion for Leave to File an Amended Complaint. First, 13 Plaintiff has attached the proposed amended complaint in accordance with Local Rule 15-1(a). 14 (See Ex. 1 to Mot. to Am., ECF No. 15-1). Second, the Court finds that there is no undue 15 delay, bad faith, or dilatory motive on behalf of Plaintiff in requesting leave to amend its 16 Complaint. Third, amendment would not prejudice the HOA, as the HOA has already 17 participated in mediation with Plaintiff through the Nevada Real Estate Division involving the 18 same claims asserted here. (See Mot. to Am. 3:8–15). Therefore, the Court GRANTS 19 Plaintiff’s Motion for Leave to File an Amended Complaint. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// Page 2 of 3 1 2 IV. CONCLUSION IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to File a First Amended 3 Complaint, (ECF No. 25), is GRANTED. Plaintiff shall have fourteen days from the filing 4 date of this Order to file its first amended complaint. 5 14 DATED this _____ day of April, 2017. 6 7 8 ___________________________________ Gloria M. Navarro, Chief Judge United States District Court 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 of 3

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