LHF Productions Inc v. Does 1-19
ORDER granting plaintiff's 79 Motion for Leave to Amend Complaint signed by Judge Ricardo S Martinez.(RS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
LHF PRODUCTIONS, INC,
Case No. C16-1175 RSM
ORDER GRANTING PLAINTIFF’S
MOTION TO AMEND COMPLAINT
This matter comes before the Court on Plaintiff LHF Productions, Inc.’s (“LHF”) Motion
for Leave to Amend Complaint to Substitute Party. Dkt. #79. LHF filed this matter in July 2016
and later amended its Complaint in October 2016. See Dkts. #1 and #20. LHF’s Amended
Complaint names Tracy Silvan as a defendant. See Dkt. #20 ¶ 21. Despite naming Ms. Silvan
as a defendant, LHF now asks the Court to allow it to amend its Amended Complaint so it can
remove Ms. Silvan as a defendant, and name Simon Montgomery as a defendant instead. Dkt.
#79 at 1-2. To support its motion, LHF submits a declaration by its counsel. See Dkt. #80. In
that declaration, LHF’s counsel explains that during its Rule 26(f) conference with Ms. Silvan,
Ms. Silvan identified Mr. Montgomery as the party responsible for the alleged copyright
infringement associated with Ms. Silvan’s internet protocol address. Id. ¶2. For the reasons
discussed herein, the Court GRANTS LHF’s motion.
ORDER GRANTING PLAINTIFF’S MOTION TO AMEND COMPLAINT - 1
Rule 15(a)(2) of the Federal Rules of Civil Procedure calls for the liberal amendment of
pleadings, “when justice so requires.” FED. R. CIV. P. 15(a)(2). Thus, “[i]n the absence of any
apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the
[plaintiff], 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.,” parties should be allowed to amend a complaint. Foman v. Davis, 371 U.S.
178, 182 (1962).
LHF demonstrates the interests of justice warrant allowing it to amend its Amended
Complaint. LHF demonstrates there is no evidence of bad faith or undue delay on its part. LHF
first learned of Mr. Montgomery’s alleged infringement on April 17, 2017, and four days later
filed its motion to amend. See Dkts. #79 at 1-3 and #80 ¶ 2. Given LHF’s recent discovery of
Mr. Montgomery’s identity, it cannot be said LHF repeatedly failed to add Mr. Montgomery as
a defendant. It does not appear that LHF’s addition of Mr. Montgomery as a defendant is a futile
amendment, as LHF has represented that it has “obtained credible evidence” indicating that
Mr. Montgomery is the responsible party for the alleged infringement. Dkt. #79 at 3. The Court
agrees that Ms. Silvan will not be prejudiced by LHF’s proposed amendment, as she will be
dismissed from this matter. See id. LHF’s motion to amend its Amended Complaint to dismiss
Ms. Silvan and add Mr. Montgomery as a defendant is accordingly GRANTED.
DATED this 16th day of June 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
ORDER GRANTING PLAINTIFF’S MOTION TO AMEND COMPLAINT - 2
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