Bergenfield v. U.S. Bank, National Association et al
Filing
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ORDER that 30 Plaintiff's Motion to Amend is DENIED. In accordance to this Court's Order (ECF No. 29 ), Summary Judgment was granted in favor of Defendants and against Plaintiff; the Clerk of the Court is directed to enter judgment accordingly and close this case. Signed by Judge Richard F. Boulware, II on 9/20/2018. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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MARCIA M. BERGENFIELD
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Plaintiff,
Case No. 2:16-cv-01691-RFB-PAL
ORDER
v.
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U.S. BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSFB MORTGAGEBACKED PASS-THROUGH
CERTIFICATES SERIES 2004-5;
NATIONSTAR MORTGAGE LLC; DOES I
through X; ROE CORPORATIONS I through
X; inclusive,
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Defendants.
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Before the Court is Plaintiff’s Motion for Leave to Amend. (ECF No. 30). For the reasons
stated below, Plaintiff’s Motion is denied.
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The complaint was first filed in state court on June 9, 2016 and removed on July 18, 2016.
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ECF No. 1. This Court granted Defendants’ Motion for Summary Judgment on September 30,
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2017 and issued a written order to that effect on October 10, 2017. (ECF Nos. 28, 29). In its
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written order, the Court noted: “Equitable defenses such as laches, for example, may apply. Laches
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was not raised here and the Court need not consider whether it would provide a basis for the relief
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sought.” Plaintiff now seeks leave to amend her complaint to include a laches argument.
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Leave to amend shall be given freely when justice so requires. Fed. R. Civ. P. 15(a)(2).
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Leave to amend is granted liberally but not automatically. Jackson v. Bank of Hawaii, 902 F.2d
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1385, 1387 (9th Cir. 1990). The Court “need not grant leave to amend where the amendment: (1)
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prejudices the opposing party; (2) is sought in bad faith; (3) produces an undue delay in litigation;
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or (4) is futile.” AmerisourceBergen Corp. v. Dialysist W., Inc., 465 F.3d 946, 951 (9th Cir. 2006).
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Plaintiff’s request for leave to amend comes nearly a year after the motion to amend
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deadline and several days after the Court’s final entry of summary judgment in favor of
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Defendants. Plaintiff’s amendment is therefore at least futile. Moreover, to the extent Plaintiff
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intends to amend the complaint to avoid waiver of this claim in the future, such an amendment
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would unfairly prejudice Defendants, who did not have the opportunity to respond.
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Accordingly,
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IT IS ORDERED that Plaintiff’s Motion for Leave to Amend is DENIED. (ECF No. 30).
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In accordance to this Court's Order (ECF No. 29), Summary Judgment was granted in favor of
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Defendants and against Plaintiff; the Clerk of the Court is directed to enter judgment accordingly
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and close this case.
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DATED: September 20, 2018.
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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
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