GS Holistic, LLC v. King's Mini Mart

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] GS Holistic, LLC, No. 2:23-cv-00351-KJM-CKD 12 Plaintiff, ORDER 13 v. 14 King’s Smoke Shop & Vape, et al., 15 Defendants. 16 17 Plaintiff GS Holistic, LLC’s original complaint named two defendants: “King’s Smoke 18 | Shop & Vape” and one Doe defendant. Compl. §{ 6-7, ECF No. 1. Since then, plaintiff's 19 | counsel discovered the correct defendants are actually King’s Mini Mart (doing business as King 20 | Smoke Shop) and Hameedullah Nooristani. Mot. Am. at 2, ECF No. 12. Plaintiff now requests 21 | leave to amend the complaint to correct the defendants’ names. See id. No defendant has yet 22 | appeared, no party or non-party has registered any opposition to the motion, and the court has not 23 | yet issued a scheduling order under Federal Rule of Civil Procedure 16. 24 Rule 15 permits a party to amend its complaint with the court’s permission. See Fed. R. 25 | Civ. P. 15(a)(2). “The court should freely give leave when justice so requires.” Jd. The Ninth 26 | Circuit has long “stressed Rule 15’s policy of favoring amendments” and has “applied this policy 27 | with liberality.” Ascon Props., Inc. v. Mobil Oil Co., 866 F.2d 1149, 1160 (9th Cir. 1989). 28 | Requests to amend are ordinarily denied only when they will result in undue delay or prejudice,

1 | when they are sought in bad faith, when a plaintiff has repeatedly failed to cure deficiencies, or 2 | when amendment would be futile. Foman v. Davis, 371 U.S. 178, 182 (1962). This is not such a 3 | case; an amendment is appropriate. 4 The motion to amend (ECF No. 12) is granted. An amended complaint must be filed 5 | within seven days. The motion hearing previously scheduled for September 1, 2023 is vacated. 6 IT IS SO ORDERED. 7 DATED: August 22, 2023. / / CHIEF ED STATES DISTRICT JUDGE