Integrity Medical Product Solutions, LLC v. Seroclinix Corporation

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 INTEGRITY MEDICAL PRODUCT Case No. 22-cv-00785-BAS-BLM SOLUTIONS, LLC, 12 ORDER GRANTING PARTIES’ Plaintiff, 13 JOINT MOTION (ECF No. 56) v. 14 SEROCLINIX CORPORATION, et al., 15 16 Defendants. 17 18 This case arises from a contractual dispute between Plaintiff Integrity Medical 19 Product Solutions, LLC (“Integrity”) and Defendants Seroclinix Corporation, a Canadian 20 corporation (“Seroclinix Canada”), and Seroclinix Corporation, a Delaware corporation 21 (“Seroclinix Delaware”). Before the Court are the parties’ Joint Motion to (1) withdraw 22 Seroclinix Delaware’s Motion for Judgment on the Pleadings (ECF No. 42); (2) allow 23 Plaintiff to file a Fourth Amended Complaint; (3) allow Defendants to file a Third-Party 24 Complaint; and (4) extend the time for Defendants to file an Answer to the Fourth 25 Amended Complaint. (ECF No. 56.) 26 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 27 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 28 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 2 requires.””). Further, a party may amend its pleading without a court order where the 3 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 4 Here, in light of the broad policy favoring amendments to pleadings and the parties’ 5 || Joint Motion, which reflects Defendants’ consent, the Court GRANTS the Joint Motion. 6 Consequently, the pending Motion for Judgment on the Pleadings (ECF No. 42) is 7 || TERMINATED as moot. The Court further ORDERS as follows: 8 1. Plaintiff Integrity shall file its Fourth Amended Complaint no later than 9 Thursday, January 30, 2025. 10 2. Defendants shall file an Answer to Plaintiff's Fourth Amended Complaint no 1 later than Thursday, February 6, 2025. 12 3. Defendants shall file their Third-Party Complaint no later than Thursday, 13 January 30, 2025. 14 IT IS SO ORDERED. 15 / . 16 | DATED: January 23, 2025 asf dg aphan 6 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 +4.