Wolf et al v. Clark County Department of Family Services et al

Filing 66

ORDER Granting Plaintiffs' 63 Motion for Leave to File an Amended Complaint. Plaintiffs shall file within 14 days from the entry of this order an amended complaint identical to the one attached to their motion to amend. Signed by Judge James C. Mahan on 4/5/2018. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

BRUCE WOLF, et al.,

8
9
10
11

Case No. 2:17-CV-2084 JCM (NJK)
Plaintiff(s),

ORDER

v.
CLARK COUNTY DEPARTMENT OF
FAMILY SERVICES, et al.,
Defendant(s).

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

Presently before the court is plaintiffs Bruce Wolf, C.A.R., C.J.R., and G.Y.R.’s motion to
file an amended complaint. (ECF No. 63). Defendants have not filed a response, and the time for
doing so has since passed.
Federal Rule of Civil Procedure 15(a) provides that “[t]he court should freely give leave
[to amend] when justice so requires.” Fed. R. Civ. P. 15(a)(2). 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:
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).
Plaintiffs’ motion asserts that the court should grant leave to amend so that they may add
parties and modify the allegations of their complaint. (ECF No. 63). Plaintiffs state that they have
received “thousands of pages of documents” via discovery since they filed their complaint. Id.
Plaintiffs would like to supplement their complaint to reflect the information contained in these

1

documents. Id. Plaintiffs assert that defendants will suffer no prejudice from amendment at this

2

stage of proceedings. Id.

3
4

In light of Rule 15’s liberal standard, the court will grant plaintiffs’ motion to amend their
complaint. See Foman, 371 U.S. at 182.

5

Accordingly,

6

IT IS HEREBY ORDERED that plaintiffs’ motion to file an amended complaint (ECF No.

7

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

8

IT IS FURTHER ORDERED that plaintiffs shall file, within fourteen (14) days from the

9

entry of this order, an amended complaint identical to the one attached to their motion to amend

10
11
12

(ECF No. 63-2).
DATED April 5, 2018.
__________________________________________
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-