Massachusetts Bay Insurance Company et al v. Push HDD, LLC et al

Filing 27

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)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 MASSACHUSETTS BAY INSURANCE CO., et al., 9 Plaintiffs, 10 11 12 v. ORDER GRANTING PLAINTIFFS’ MOTION TO FILE SECOND AMENDED COMPLAINT PUSH HDD, LLC, et al., Defendants. 13 14 Case No. C17-1174RSM THIS MATTER comes before the Court on Plaintiffs’ Motion For Leave to File Second 15 Amended Complaint. Dkt. #22. Defendants have failed to respond to the motion. Under Local 16 17 Civil Rule 7(b)(2), “[e]xcept for motions for summary judgment, if a party fails to file papers in 18 opposition to a motion, such failure may be considered by the court as an admission that the 19 motion has merit.” The Court deems Defendants’ failure to be such an admission in this case. 20 Federal Rule of Civil Procedure 15(a) governs the amendment of pleadings. Under Rule 21 22 15(a)(2), leave to amend should be freely given “when justice so requires.” Fed. R. Civ. P. 23 15(a)(2). The Ninth Circuit has held that leave to amend should be granted with “extreme 24 liberality.” DCD Programs, LTD. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). The Court 25 must consider whether the proposed amendment (1) would be futile, (2) is the product of undue 26 delay, (3) would prejudice the non-moving party, and (4) was brought in bad faith. Id. (stating 27 28 all four factors). The opposing party bears the burden of showing prejudice, id. at 187, which is ORDER PAGE - 1 1 the most important factor in whether to grant a motion for leave to amend. Eminence Capital, 2 LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003) (presumption in favor of granting leave 3 exists absent prejudice or a strong showing of any of the remaining factors). Having reviewed 4 Plaintiffs’ motion, and considering Defendants’ failure to respond, the Court will allow 5 Plaintiffs’ filing of a Second Amended Complaint. 6 7 Accordingly, Plaintiffs’ Motion to Amend (Dkt. #22) is GRANTED. Plaintiffs shall file 8 with the Court their Second Amended Complaint, as proposed at Dkt. #22-1, no later than three 9 (3) business days from the date of this Order. 10 DATED this 27 day of November, 2017. 11 12 A 13 14 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER PAGE - 2

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