Holmes v. USAA Savings Bank

D. Nevada

Holmes v. USAA Savings Bank

District Court, D. Nevada·Decided June 28, 2021·No. 2:21-cv-00446·Unknown

Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 HENRY HOLMES, Case No. 2:21-cv-00446-JAD-NJK 9 Plaintiff(s), ORDER v. [Docket No. 7] 11! USAA SAVINGS BANK, 12 Defendant(s). 13 Pending before the Court is Plaintiff's renewed motion for leave to file a second amended 14], complaint. Docket No. 7. No response has been filed. Applying the governing standards, e.g., 15] Eminence Capital, LLC vy. Aspeon, Inc., 316 F.3d 1048, 1051-52 (9th Cir. 2003), the motion for 16] leave to amend is hereby GRANTED.' Plaintiff must promptly file and serve the second amended complaint. See Local Rule 15-1(b). 19 Dated: June 28, 2021

Nancy J. Koppe, _ 21 United StatesMagistrate Judge 22 23 24 25 ———______ ' Tt is within a magistrate judge’s authority to grant leave to amend the complaint. 27\| Vandehey v. Real Soc. Dynamics, Inc., 2017 WL 4411042, at *1 n.4 (D. Nev. Oct. 4, 2017) (citing U.S. Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F.2d 1099, 1102 n.1 (9th Cir. 1985) 28] and Morgal v. Maricopa Cnty. Bd. of Sup’rs., 284 F.R.D. 452, 458 (D. Ariz. 2012)).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 HENRY HOLMES, Case No. 2:21-cv-00446-JAD-NJK 9 Plaintiff(s), ORDER v. [Docket No. 7] 11! USAA SAVINGS BANK, 12 Defendant(s). 13 Pending before the Court is Plaintiff's renewed motion for leave to file a second amended 14], complaint. Docket No. 7. No response has been filed. Applying the governing standards, e.g., 15] Eminence Capital, LLC vy. Aspeon, Inc., 316 F.3d 1048, 1051-52 (9th Cir. 2003), the motion for 16] leave to amend is hereby GRANTED.' Plaintiff must promptly file and serve the second amended complaint. See Local Rule 15-1(b). 19 Dated: June 28, 2021

Nancy J. Koppe, _ 21 United StatesMagistrate Judge 22 23 24 25 ———______ ' Tt is within a magistrate judge’s authority to grant leave to amend the complaint. 27\| Vandehey v. Real Soc. Dynamics, Inc., 2017 WL 4411042, at *1 n.4 (D. Nev. Oct. 4, 2017) (citing U.S. Dominator, Inc. v. Factory Ship Robert E. Resoff, 768 F.2d 1099, 1102 n.1 (9th Cir. 1985) 28] and Morgal v. Maricopa Cnty. Bd. of Sup’rs., 284 F.R.D. 452, 458 (D. Ariz. 2012)).

Holmes v. USAA Savings Bank, (D. Nev. 2021).

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