Hyundai Motor America, Inc. et al v. Midwest Industrial Supply Company

Filing 32

ORDER. IS HEREBY ORDERED that 28 Plaintiff's Motion for Leave to File First Amended Complaint is granted. IT IS FURTHER ORDERED that Plaintiff may file the amended complaint attached to its 28 Motion for Leave as Exhibit 1. IT IS FURTHER ORDERED that the motion hearing set for 11/28/18 at 9:30 AM is hereby vacated. Signed by Magistrate Judge George Foley, Jr on 11/19/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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HYUNDAI MOTOR AMERICA, INC., et. al.,

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Plaintiffs,
v.

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Case No. 2:17-cv-03010-JCM-GWF
ORDER

MIDWEST INDUSTRIAL SUPPLY
COMPANY,
Defendant.

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This matter is before the Court on Plaintiff’s Motion for Leave to File First Amended

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Complaint (ECF No. 28), filed on October 30, 2018. The parties filed their Stipulation for

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Extension of Discovery Deadlines and Defendants’ Non-Opposition to Plaintiff’s Motion for

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Leave to File First Amended Complaint (ECF No. 30) on November 9, 2018.

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Under Fed. R. Civ. P. 15(a)(2), prior to trial, a party “may amend its pleading only with

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the opposing party’s written consent or the court’s leave.” Courts should freely give leave to

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amend “when justice so requires”. Id. As this Court has previously stated “Rule 15’s policy of

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favoring amendments to pleadings should be applied with ‘extreme liberality’” where the motion

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to amend “is not sought in bad faith, does not cause the opposing party undue delay, does not cause

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

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Incline Village General Imp. Dist., 597 F.Supp.2d 1191, 1210 (D.Nev. 2009).

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Plaintiff requests leave to file an amended complaint to add Alliance Automotive, LLC as

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a Defendant. The Court finds that justice requires granting Plaintiff’s request because the leave to

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amend is sought in good faith, does not cause the opposing party undue delay or undue prejudice,

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and does not constitute an exercise in futility. Accordingly,

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...

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IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to File First Amended
Complaint (ECF No. 28) is granted.
IT IS FURTHER ORDERED that Plaintiff may file the amended complaint attached to
its Motion for Leave (ECF No. 28) as Exhibit 1.
IT IS FURTHER ORDERED that the motion hearing set for November 28, 2018 at 9:30
AM is hereby vacated.
Dated this 19th day of November, 2018.

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GEORGE FOLEY, JR.
UNITED STATES MAGISTRATE JUDGE

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