Deveraux v. Sison

Opinion

1 WO 2 3 4 5

9 Sydni Deveraux, No. CV-18-04882-PHX-DJH

10 Plaintiff, ORDER

11 v.

12 Unknown Party, et al.,

13 Defendants. 14 15 Before the Court is Plaintiff’s Motion for Leave to File Second Amended 16 Complaint, Extension of Time to Serve Second Amended Complaint, and to Vacate the 17 Rule 16 Scheduling Conference (“Motion”) (Doc. 21). After serving Defendant Sison with 18 a copy of the First Amended Complaint and summons on May 8, 2019, Plaintiff moved for 19 default on June 4, 2019, when Defendant Sison failed to timely file an answer or motion 20 pursuant to Rule 12. (Doc. 17). The Clerk of Court entered default against Defendant Sison 21 on June 6, 2019. (Doc. 18). No Defendant has filed a Response to Plaintiff’s Motion and 22 the time to do so has not expired; however, the Court finds a Response to be unnecessary, 23 and unlikely considering the only known Defendant has already defaulted. 24 A pleading amendment is governed primarily by Federal Rule of Civil Procedure 25 (“Rule”) 15. Rule 15(a)(2) provides that a “court should freely give leave [to amend] when 26 justice so requires.” Fed.R.Civ.P. 15(a)(2). “[T]his policy is to be applied with extreme 27 liberality.” Sonoma County Ass’n of Retired Employees v. Sonoma County, 708 F.3d 1109, 28 1117 (9th Cir. 2013). In general, district courts have great discretion when deciding || whether or not to grant leave to amend. See Foman vy. Davis, 371 U.S. 178 (1962). The || Court finds good cause to grant Plaintiff leave to file her Second Amended Complaint. The || Court further finds good cause to extend the time to serve the Second Amended Complaint 4|| pursuant to Rule 4(m). Accordingly, 5 IT IS ORDERED that the Motion for Leave to File Second Amended Complaint, 6|| Extension of Time to Serve Second Amended Complaint, and to Vacate the Rule 16 7\| Scheduling Conference (Doc. 21) is GRANTED. Plaintiff must file a clean version of her 8 || Second Amended Complaint no later than August 7, 2019. 9 IT IS FURTHER ORDERED that Plaintiff shall have thirty (30) days from the date of this Order to serve Defendants in compliance with Rule 4. 11 IT IS FINALLY ORDERED that the Rule 16 Scheduling Conference set for 12], August 9, 2019, is VACATED. 13 Dated this 6th day of August, 2019. 14

16 énorable'Diang/. Hunfetewa 7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28

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