Eric Holmes v. CRST, Inc.

Opinion

Case 5:22-cv-00995-DOC-SHK Document 33 Filed 08/30/22 Page 1 of 1 Page ID #:616

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES – GENERAL

Case No. ED CV 22-00995-DOC-SHK Date: August 30, 2022

Title: ERIC HOLMES V. CRST, INC. ET AL.

PRESENT: THE HONORABLE DAVID O. CARTER, JUDGE

Karlen Dubon Not Present Courtroom Clerk Court Reporter

ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANT: None Present None Present

PROCEEDINGS (IN CHAMBERS): ORDER GRANTING MOTION TO AMEND [31]

Before the Court is Plaintiff Eric Holmes’ (“Plaintiff”) Motion to Amend (Dkt. 31).

A party may amend the party’s pleading once as a matter of course at any time before a responsive pleading is served. Fed. R. Civ. P. 15(a)(1). Otherwise, a party may amend the party’s pleading only by leave of court and leave shall be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2).

Accordingly, the Court will grant leave to amend given the generous policy that favors amendments. See Morongo Band of Mission Indians v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990) (finding that the policy favoring amendments “is to be applied with extreme liberality”). As such, Plainitff’s Motion is GRANTED, and Defendant CRST Expedited, Inc.’s Motion to Dismiss (Dkt. 21) and Plaintiff’s Motion to Remand (Dkt. 16) are DENIED AS MOOT. The parties should refile their Motions by September 12, 2022 in light of the Second Amended Complaint.

The Clerk shall serve this minute order on the parties.

Initials of Deputy Clerk: kdu