Buchna v. Walmart Inc

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Michelle C. Zeiter, individually and as Case No. 2:21-cv-0061-RFB-DJA 6 Special Administrator for Estate of Michael Buchna; Jennifer C. Beam, 7 individually, and as Special Administrator Order for Estate of Michael Buchna, 8 Plaintiffs, 9 v. 10 Walmart, Inc., a foreign corporation d/b/a 11 Walmart Supercenter #3351; and Walmart Stores, Inc., a foreign corporation, 12 Defendants. 13 14 This is a slip-and-fall action arising out of a fall Michael Buchna sustained while shopping 15 at Defendants’ store. Plaintiffs—appointed special administrators for Buchna’s estate after he 16 passed away—sue Defendants for damages, asserting claims for negligence and negligent hiring 17 training, supervision, and retention. Plaintiffs now move to amend their complaint to add a claim 18 for wrongful death and punitive damages. (ECF No. 23 at 151-160). Defendants did not file a 19 response. 20 Because courts in the Ninth Circuit grant leave to amend with liberality and because 21 Defendant did not respond, the Court grants Plaintiffs’ motion to amend. Under Rule 15(a)(2) of 22 the Federal Rules of Civil Procedure, “[t]he court should freely give leave [to amend] when 23 justice so requires.” Fed. R. Civ. P. 15(a)(2). There is a strong public policy in favor of 24 permitting amendment. Bowles v. Reade, 198 F.3d 752, 757 (9th Cir. 1999). The Ninth Circuit 25 has made clear that courts should apply Rule 15(a) with “extreme liberality.” Eminence Capital, 26 LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003). Additionally, under Local Rule 7-2(d), 27 the failure of an opposing party to file points and authorities in response to any motion constitutes 1 of permitting amendment, the Ninth Circuit’s caution to apply Rule 15(a) with extreme liberality, 2 and that Defendants did not file a response, granting leave to amend is appropriate here. The 3 Court thus grants Plaintiffs’ motion to amend. 4 5 IT IS THEREFORE ORDERED that Plaintiffs’ motion to amend (ECF No. 23) is 6 granted. Plaintiffs shall file and serve their amended complaint as required under Local Rule 15- 7 1. 8 DATED: March 2, 2022 9 DANIEL J. ALBREGTS 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27