Massachusetts Bay Insurance Company et al v. Push HDD, LLC et al
ORDER granting Plaintiffs' 22 Motion to File Second Amended Complaint. Second Amended Complaint due no later then three (3) business days from the date of this Order. Signed by Judge Ricardo S Martinez. (PM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
MASSACHUSETTS BAY INSURANCE
CO., et al.,
ORDER GRANTING PLAINTIFFS’
MOTION TO FILE SECOND AMENDED
PUSH HDD, LLC, et al.,
Case No. C17-1174RSM
THIS MATTER comes before the Court on Plaintiffs’ Motion For Leave to File Second
Amended Complaint. Dkt. #22. Defendants have failed to respond to the motion. Under Local
Civil Rule 7(b)(2), “[e]xcept for motions for summary judgment, if a party fails to file papers in
opposition to a motion, such failure may be considered by the court as an admission that the
motion has merit.” The Court deems Defendants’ failure to be such an admission in this case.
Federal Rule of Civil Procedure 15(a) governs the amendment of pleadings. Under Rule
15(a)(2), leave to amend should be freely given “when justice so requires.” Fed. R. Civ. P.
15(a)(2). The Ninth Circuit has held that leave to amend should be granted with “extreme
liberality.” DCD Programs, LTD. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). The Court
must consider whether the proposed amendment (1) would be futile, (2) is the product of undue
delay, (3) would prejudice the non-moving party, and (4) was brought in bad faith. Id. (stating
all four factors). The opposing party bears the burden of showing prejudice, id. at 187, which is
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the most important factor in whether to grant a motion for leave to amend. Eminence Capital,
LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (presumption in favor of granting leave
exists absent prejudice or a strong showing of any of the remaining factors). Having reviewed
Plaintiffs’ motion, and considering Defendants’ failure to respond, the Court will allow
Plaintiffs’ filing of a Second Amended Complaint.
Accordingly, Plaintiffs’ Motion to Amend (Dkt. #22) is GRANTED. Plaintiffs shall file
with the Court their Second Amended Complaint, as proposed at Dkt. #22-1, no later than three
(3) business days from the date of this Order.
DATED this 27 day of November, 2017.
RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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