U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 39

ORDER Granting Plaintiff's 38 Motion to Amend/Correct 1 Complaint. Amended Complaint deadline: within 14 days from the entry of this Order. Signed by Judge James C. Mahan on 9/21/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 U.S. BANK NATIONAL ASSOCIATION, 8 9 10 Case No. 2:16-CV-2804 JCM (GWF) Plaintiff(s), ORDER v. SFR INVESTMENTS POOL 1, LLC, et al., 11 Defendant(s). 12 13 Presently before the court is a motion to amend/correct complaint filed by plaintiff U.S. 14 Bank National Association (“U.S. Bank”) (ECF No. 38). Defendants have not filed a response, 15 and the time to do so has passed. 16 Federal Rule of Civil Procedure 15(a) provides that “[t]he court should freely give leave 17 [to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). The United States Supreme Court 18 has interpreted Rule 15(a) and confirmed the liberal standard district courts must apply when 19 granting such leave. In Foman v. Davis, the Supreme Court explained: 20 21 22 23 In 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). 24 Plaintiff has attached a proposed amended complaint to its motion in accordance with Local 25 Rule 15-1(a), which provides that “the moving party shall attach the proposed amended pleading 26 to any motion to amend . . . .” LR 15-1(a). 27 28 James C. Mahan U.S. District Judge In light of Rule 15’s liberal standard and the fact that defendants have not filed an opposition, the court will grant plaintiff’s motion to amend/correct its complaint (ECF No. 38). 1 Accordingly, 2 IT IS HEREBY ORDERED that plaintiff’s motion to amend/correct complaint (ECF No. 3 38) be, and the same hereby is, GRANTED. 4 IT IS FURTHER ORDERED that plaintiff shall file, within fourteen (14) days from the 5 entry of this order, a first amended complaint identical to that attached to its motion to amend (ECF 6 No. 38-1). 7 8 9 DATED September 21, 2017. __________________________________________ UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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