Bank of America, N.A. v. Redrock Park Homeowner's Association, et al

Filing 82

ORDER Granting Plaintiff's 81 Unopposed Motion for Leave to File to File Amended Complaint. Defendants' 7 and 8 Motions to Dismiss are Denied without prejudice as moot. Signed by Judge James C. Mahan on 10/11/2016. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

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Case No. 2:16-CV-659 JCM (NJK)
Plaintiff(s),

ORDER

v.
REDROCK PARK HOMEOWNERS
ASSOCIATION, et al.,
Defendant(s).

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James C. Mahan
U.S. District Judge

Presently before the court is plaintiff Bank of America, N.A.’s (“BANA”) unopposed
motion for leave to file amended complaint. (ECF No. 81).
Federal Rule of Civil Procedure 15(a) provides that leave to amend “shall be freely given
when justice so requires.” Fed. R. Civ. P. 15(a). The United States Supreme Court has interpreted
Rule 15(a) and confirmed the liberal standard district courts must apply when granting such leave.
In Foman v. Davis, the Supreme Court explained: “[i]n the absence of any apparent or
declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant,
repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the
opposing party by virtue of allowance of the amendment, futility of the amendment, etc.—the
leave sought should, as the rules require, be ‘freely given.’” 371 U.S. 178, 182 (1962).
Further, Local Rule 15-1(a) requires that a plaintiff submit a proposed, amended complaint
along with its motion to amend. LR 15-1(a). Plaintiff has included a proposed amended complaint
with its motion to amend in compliance with this rule. (ECF No. 33-1). Furthermore, defendant
does not oppose plaintiff’s motion. (ECF No. 36).

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Based on the foregoing, the court finds good cause to grant plaintiff leave to amend its
complaint.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff’s unopposed

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motion for leave to file amended complaint (ECF No. 81) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that defendants’ motions to dismiss (ECF Nos. 7, 8) be, and

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the same hereby are, DENIED WITHOUT PREJUDICE as moot.
DATED October 11, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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