Fetchero v. Amica Mutual Insurance Company

Opinion

1 2 3 4

5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 11 SAMUEL FETCHERO et al., CASE NO. 2:22-cv-00400-TL 12 Plaintiff(s), MINUTE ORDER 13 v. 14 AMICA MUTUAL INSURANCE COMPANY, 15 Defendant(s). 16

17 The following Minute Order is made at the direction of the Court, the Honorable Tana 18 Lin, United States District Judge: 19 (1) On November 28, 2022, the Parties filed a stipulated motion for leave to file 20 Plaintiffs’ second amended complaint. Dkt. No. 25. The stipulated motion includes 21 Defendant’s express written consent to the proposed amendments. Id. 22 (2) When a party is unable to amend its pleading before trial as a matter of course, the 23 “party may amend its pleading only with the opposing party’s written consent or the 24 1 court’s leave.” Fed. R. Civ. P. 15(a)(2). As Plaintiffs have written consent of the 2 opposing party, the Court’s leave is not required. Fern v. U.S., 213 F.2d 674, 677 (9th 3 Cir. 1954) (“Once the adverse party has consented to the amendment of a pleading, 4 the court has no control over the matter under Rule 15(a).”).

5 (3) Plaintiffs are therefore directed to file their amended complaint. Defendant shall then 6 have fourteen (14) days from the date of filing to respond to the amended complaint. 7 See Fed. R. Civ. P. 15(a)(3). 8 (4) The Clerk is directed to terminate the stipulated motion for leave to amend at Dkt. 9 No 25. 10 Dated this 6th day of December 2022. 11 12 Ravi Subramanian Clerk of the Court 13 s/ Kadya Peter 14 Deputy Clerk 15 16 17 18 19 20 21 22 23 24