Cong v. Zhao

Opinion

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5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 FANG CONG, CASE NO. 2:21-cv-01703-TL 11 Plaintiff, ORDER ON MOTIONS TO AMEND 12 v. AND TO PROVIDE ADDRESS 13 XUE ZHAO, 14 Defendant. 15

16 This matter is before the Court on Plaintiff Fang Cong’s Motion for Leave to Amend 17 Complaint (Dkt. No. 25) and Motion for Leave to Order New Defendant to Provide Address 18 (Dkt. No. 26). Plaintiff seeks to amend her complaint to add a plaintiff (Lin Jiang) and a 19 defendant (Valve Corporation), as well as factual allegations. Dkt. No. 25 at 2–3. Plaintiff also 20 asks the Court to order Valve Corporation to provide a physical address for service, or to permit 21 her to use email service. Dkt. No. 26 at 2. 22 “A party may amend its pleading once as a matter of course within: . . . if the pleading is 23 one to which a responsive pleading is required, 21 days after service of a responsive pleading or 24 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier.” Fed. R. Civ. 1 P. 15(a)(1)(B). Here, Plaintiff filed her motion to amend before a responsive pleading was even 2 filed, and she has not previously amended her complaint. Because Plaintiff can amend her 3 complaint without leave of the Court, her motion to amend is unnecessary, and the Court will 4 grant the request. See Sparling v. Hoffman Const. Co., Inc., 864 F.2d 635, 638 (9th Cir. 1988)

5 (holding that district court “should have granted” plaintiff’s “unnecessary” motion to amend 6 where plaintiff had right to amend without leave of court); see also Martinez v. Pierce Cnty., 7 No. C22-5919, 2023 WL 3722220, at *1 (W.D. Wash. May 30, 2023) (granting motion to amend 8 where plaintiff had right to amend without leave); Falconbridge v. Bank of Am., N.A., No. C20- 9 636, 2020 WL 4057773, at *2 (W.D. Wash. July 20, 2020) (same). 10 However, Plaintiff has not demonstrated entitlement to the relief she seeks regarding 11 Valve Corporation. Service on a corporation is governed by Federal Rule of Civil Procedure 12 4(h). Plaintiff is directed to review Rule 4(h) and pursue service (including possible waiver of 13 service) using acceptable methods. Plaintiff may later request leave for alternative service if she 14 can demonstrate that alternative service is appropriate. See, e.g., Dkt. No. 24 at 4–7 (granting

15 alternative service on Defendant Xue Zhao upon proper showing from Plaintiff). 16 Accordingly, it is hereby ORDERED: 17 (1) Plaintiff’s Motion for Leave to Amend Complaint (Dkt. No. 25) is GRANTED. 18 Plaintiff SHALL file her First Amended Complaint within three (3) days of this Order. 19 (2) Plaintiff’s Motion for Leave to Order New Defendant to Provide Address (Dkt. 20 No. 26) is DENIED. 21 Dated this 20th day of November 2023. 22 A 23 Tana Lin United States District Judge 24