Fejeran v. United Airlines, Inc.

Filing 36

ORDER granting Plaintiff's ECF No. 31 Motion for Leave to Amend; directing Plaintiff to serve his amended complaint on Defendant CMI within 30 days of filing. Signed by Magistrate Judge George Foley, Jr. on 8/22/2016. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY FEJERAN,

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Plaintiff,
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vs.
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UNITED AIRLINES, INC., et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-00026-MMD-GWF
ORDER

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This matter is before the Court on Plaintiff’s Motion for Leave to Amend Complaint (ECF

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No. 31), filed on July 22, 2016. Defendant filed its Opposition (ECF No. 33) on August 8, 2016.

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Plaintiff filed his Reply (ECF No. 34) on August 18, 2016. The Court conducted a hearing in this

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matter on August 22, 2016.

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Under Fed. R. Civ. P. 15(a)(2), prior to trial, a party “may amend its pleading only with the

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opposing party’s written consent or the court’s leave.” Courts should freely give leave to amend

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“when justice so requires”. Id. As this Court has previously stated “Rule 15’s policy of favoring

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amendments to pleadings should be applied with ‘extreme liberality’” where the motion to amend

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“is not sought in bad faith, does not cause the opposing party undue delay, does not cause the

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opposing party undue prejudice, and does not constitute an exercise in futility.” Wright v. Incline

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Village General Imp. Dist., 597 F.Supp.2d 1191, 1210 (D.Nev. 2009).

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Plaintiff requests leave to amend his Complaint to add Continental Micronesia, Inc. (“CMI”)

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as a Defendant. The Court finds justice requires that Plaintiff be granted leave to amend his

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Complaint as leave to amend is sought in good faith, does not cause the opposing party undue delay

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or undue prejudice, and does not constitute an exercise in futility. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to Amend (ECF No. 31) is
granted.

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IT IS FURTHER ORDERED Plaintiff shall serve his amended complaint upon Defendant

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CMI within 30 days of the filing of his amended complaint. If necessary and for good cause shown,

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Plaintiff may request additional time to effectuate service upon Defendant CMI.

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DATED this 22nd day of August, 2016.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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