Kimball v. County of San Diego

Opinion

1 2 3 4 5 6 7 10 11 ZACK KIMBALL, Case No. 24-cv-0682-BAS-VET

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR LEAVE FOR PLAINTIFF TO FILE A SECOND 14 COUNTY OF SAN DIEGO, and AMENDED COMPLAINT EMILIO CASTILLERO, 15 (ECF No. 15) Defendants. 16

17 Presently before the Court is the parties’ joint motion to grant Plaintiff leave to file 18 a Second Amended Complaint. (ECF No. 15.) 19 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 20 Cnty. Ass’n of Retired Emps. v. Sonoma Cnty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 21 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 22 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 23 requires.’”). Further, a party may amend its pleading without a court order where the 24 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 25 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) the 26 parties’ joint motion, which indicates Defendants’ consent to the amendment, the Court 27 GRANTS the joint motion for leave to file a Second Amended Complaint. (ECF No. 15.) 28 Plaintiff shall file his Second Amended Complaint on or before October 25, 2024. 1 || Defendants shall file responsive pleadings on or before November 15, 2024. 3 A 4 || DATED: October 21, 2024 Ypilag (Lyohaa é 5 United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 +4.