Kennedy et al v. Las Vegas Sands Corp. et al

Filing 54

ORDER. IT IS HEREBY ORDERED that 49 plaintiffs' motion to amend/correct complaint be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that plaintiffs shall file, within seven (7) days from the entry of this order, a first amended c omplaint identical to that attached to their 49 -2 motion to amend.IT IS FURTHER ORDERED that 20 defendant's motion to strike be, and the same hereby is, DENIED as moot. IT IS FURTHER ORDERED that the hearing on 20 defendant's motion to strike set for 8/11/2017, at 2:00 p.m. be, and the same hereby is, VACATED. Signed by Judge James C. Mahan on 8/1/17. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

SEAN KENNEDY, et al.,

Case No. 2:17-CV-880 JCM (VCF)

8
9
10

Plaintiff(s),

ORDER

v.
LAS VEGAS SANDS CORP., et al.,

11

Defendant(s).

12
13

Presently before the court is a motion to amend/correct complaint filed by plaintiffs Sean

14

Kennedy, Andrew Snider, Christopher Ward, Randall Weston, and Ronald Williamson

15

(collectively, as “plaintiffs”). (ECF No. 49). Defendant Sands Aviation, LLC has filed a non-

16

opposition response. (ECF No. 52).

17

Federal Rule of Civil Procedure 15(a) provides that “[t]he court should freely give leave

18

[to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). The United States Supreme Court

19

has interpreted Rule 15(a) and confirmed the liberal standard district courts must apply when

20

granting such leave. In Foman v. Davis, the Supreme Court explained:

21
22
23
24

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).

25

In light of Rule 15’s liberal standard and defendant’s non-opposition (ECF No. 52), the

26

court will grant plaintiffs’ motion to amend/correct complaint (ECF No. 49). Plaintiffs have

27

attached a proposed amended complaint to their motion in accordance with Local Rule 15-1(a),

28
James C. Mahan
U.S. District Judge

1

which provides that “the moving party shall attach the proposed amended pleading to any motion

2

to amend . . . .” LR 15-1(a).

3

Accordingly,

4

IT IS HEREBY ORDERED that plaintiffs’ motion to amend/correct complaint (ECF No.

5

49) be, and the same hereby is, GRANTED.

6

IT IS FURTHER ORDERED that plaintiffs shall file, within seven (7) days from the entry

7

of this order, a first amended complaint identical to that attached to their motion to amend (ECF

8

No. 49-2).

9
10
11
12
13
14
15

IT IS FURTHER ORDERED that defendant’s motion to strike (ECF No. 20) be, and the
same hereby is, DENIED as moot.
IT IS FURTHER ORDERED that the hearing on defendant’s motion to strike (ECF No.
20) set for August 11, 2017, at 2:00 p.m. be, and the same hereby is, VACATED.
DATED August 1, 2017.
__________________________________________
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-