Harvey et al v. Centene Corporation et al
Filing
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ORDER GRANTING ECF No. #37 PLAINTIFFS' MOTION FOR LEAVE TO AMEND CLASS ACTION COMPLAINT; striking ECF No. #16 Motion to Dismiss for Lack of Jurisdiction; striking ECF No. #17 Motion to Dismiss for Lack of Jurisdiction; striking ECF No. #18 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Salvador Mendoza, Jr. (TR, Case Administrator)
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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
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CYNTHIA HARVEY and STEVEN
A. MILMAN, individually and on
behalf of all others similarly situated,
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Plaintiff,
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v.
Jul 17, 2018
SEAN F. MCAVOY, CLERK
No. 2:18-CV-00012-SMJ
ORDER GRANTING PLAINTIFFS’
MOTION FOR LEAVE TO
AMEND CLASS ACTION
COMPLAINT
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CENTENE CORPORATION,
COORDINATED CARE
CORPORATION, and SUPERIOR
HEALTHPLAN, INC.,
Defendants.
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Before the Court, without oral argument, is Plaintiffs’ Motion for Leave to
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Amend Class Action Complaint, ECF No. 37. Federal Rule of Civil Procedure
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15(a)(2) provides that a party seeking to amend a pleading on a date more than 21
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days after the initial pleading was filed may do so “only with the opposing party’s
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written consent or the court’s leave.” The rule instructs that “[t]he court should
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freely give leave when justice so requires.” Id. “The more common reasons for
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denying leave to amend are that the amendment will result in undue prejudice to the
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other party, is unduly delayed, is not offered in good faith, or that the party has had
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ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
CLASS ACTION COMPLAINT - 1
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sufficient opportunity to state a claim and has failed.” Komie v. Buehler Corp., 449
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F.2d 644, 647-48 (9th Cir. 1971) (internal quotation marks omitted).
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The Court finds that good cause exists to grant Plaintiffs’ motion. Because
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this matter is still in its early stages, the proposed amendments, though substantial,
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will not prejudice Defendants. Plaintiffs did not unduly delay their motion because
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the discovery and dispositive motion deadlines are not currently scheduled.
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Moreover, it does not appear that Plaintiffs’ motion is motivated by bad faith.
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Accordingly, IT IS HEREBY ORDERED:
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Plaintiffs’ Motion for Leave to Amend Class Action Complaint, ECF
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No. 37, is GRANTED. Plaintiffs shall file an amended complaint
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consistent with ECF No. 38 no later than July 24, 2018.
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In light of the changed pleadings, Defendants’ pending motions to
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dismiss, ECF Nos. 16, 17, and 18, and all dates and deadlines
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associated with those motions, are STRICKEN. Defendants may file
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dispositive motions any time before the dispositive motion deadline.
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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to all counsel.
DATED this 17th day of July 2018.
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SALVADOR MENDOZA, JR.
United States District Judge
ORDER GRANTING PLAINTIFFS’ MOTION FOR LEAVE TO AMEND
CLASS ACTION COMPLAINT - 2
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