Board of Trustees of Unite Here Health v. Aguilar et al

Filing 142

ORDER. IT IS HEREBY ORDERED that 140 Plaintiff's Ex Parte Motion for Leave to Amend Exhibit 1 to Complaint is GRANTED. Signed by Magistrate Judge George Foley, Jr on 6/6/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BOARD OF TRUSTEES OF UNITE HERE
HEALTH,

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Plaintiff,
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vs.
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NORA A. AGUILAR, et al.,
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Defendants.
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__________________________________________)

Case No. 2:16-cv-02501-RFB-GWF
ORDER

This matter is before the Court on Plaintiff’s Ex Parte Motion for Leave to Amend Exhibit 1
to Complaint (ECF No. 140), filed on June 1, 2017.
This matter arises from allegations of fraud, fraudulent misrepresentation, fraudulent

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concealment, negligent misrepresentation, conversion, unjust enrichment, and restitution. See

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Complaint (ECF No. 1). Plaintiff requests leave to amend Exhibit 1 to its complaint pursuant to Rule

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15 of the Federal Rules of Civil Procedure to reflect updated claim amounts that were calculated

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incorrectly. Plaintiff represents that the amendment will update 45 lines of listed claim amounts to

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reflect a lesser amount.

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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 “is

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

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

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General Imp. Dist., 597 F.Supp.2d 1191, 1210 (D.Nev. 2009). The Court finds justice requires that

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Plaintiff be granted leave to amend its Complaint as leave to amend is sought in good faith, does not

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cause the opposing party undue delay or undue prejudice, and does not constitute an exercise in

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futility. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Ex Parte Motion for Leave to Amend Exhibit 1
to Complaint (ECF No. 140) is granted.
DATED this 6th day of June, 2017.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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