Sprague et al v. Pfizer Inc.

Filing 79

ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT, granting 71 Motion to Amend. Counsel is directed to e-file their Amended Complaint by 3/6/19. Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SHARLEEN SPRAGUE, Personal
Representative of the Estate of JAMES
OLSON, MARTHA P. LANGDON,
Individually and as personal
representative of WAYNE V.
LANGDON,

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CASE NO. 14-5084 RJB
ORDER GRANTING MOTION
FOR LEAVE TO AMEND
COMPLAINT

Plaintiffs,
v.
PFIZER, INC.,

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Defendant.

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This matter comes before the Court on the Plaintiffs’ Motion for Leave to Amend the

20 Complaint. Dkt. 71. The Court has reviewed pleadings regarding the motion and the remaining
21 file and is fully advised.
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The Plaintiffs now move to amend the Complaint to substitute Laurie J.V. Olson for

23 Sharleen Sprague in this matter because Ms. Olson is now the Personal Representative of the
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ORDER GRANTING MOTION FOR LEAVE TO
AMEND COMPLAINT- 1

1 Estate of James Olson. Dkt. 71. They also move to remove co-plaintiff Martha Langdon as
2 Personal Representative of the Estate of Wayne Langdon, because her claims were fully
3 dismissed by the stipulation of the parties. Id. The Plaintiffs filed a red-lined version of their
4 proposed amended complaint. Dkt. 72, at 15-18. The Defendant did not file an objection.
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Under Fed. R. Civ. P. 15 (a)(2), “a party may amend its pleading only with the opposing

6 party’s written consent or the court's leave. The court should freely give leave when justice so
7 requires.” A motion to amend under Rule 15 (a)(2), “generally shall be denied only upon
8 showing of bad faith, undue delay, futility, or undue prejudice to the opposing party.” Chudacoff
9 v. University Medical Center of Southern Nevada, 649 F.3d 1143 (9th Cir. 2011).
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There is no showing here of bad faith, undue delay, futility, or undue prejudice. The

11 Plaintiffs’ Motion for Leave to Amend the Complaint (Dkt. 71) should be granted. The Plaintiffs
12 should file a clean version of their amended complaint on or before March 6, 2019.
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IT IS SO ORDERED.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

15 to any party appearing pro se at said party’s last known address.
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Dated this 15th day of February, 2019.

A
ROBERT J. BRYAN
United States District Judge

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ORDER GRANTING MOTION FOR LEAVE TO
AMEND COMPLAINT- 2