Lundstrom v. Young

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRIAN LUNDSTROM, Case No.: 18-cv-2856-GPC

12 Plaintiff, ORDER GRANTING LIGAND’S 13 v. MOTION FOR LEAVE TO AMEND ANSWER AND DEFENSES TO 14 CARLA YOUNG, an individual; SECOND AMENDED COMPLAINT LIGAND PHARMACEUTICALS, INC.; 15 LIGAND PHARMACEUTICALS, INC. [ECF No. 146] 16 401(K) PLAN; and DOES 1 through 20, 17 Defendant. 18 19 On February 23, 2023, Defendants Ligand Pharmaceuticals and Ligand 20 Pharmaceuticals, Inc. 401(k) Plan (“Defendants” or collectively “Ligand”) filed a Motion 21 for Leave to Amend Answer and Defenses to the Second Amended Complaint. ECF No. 22 146. The Court set a briefing schedule. ECF No. 147. On March 17, 2023, Plaintiff Brian 23 Lundstrom (“Plaintiff” or “Lundstrom”) filed a Non-Opposition. ECF No. 153. 24 A party seeking to amend a pleading past a scheduling order deadline must show 25 “good cause” for such relief. Fed. R. Civ. P. 16(b)(4). A court should grant leave to 26 amend a pleading “freely” and “when justice so requires.” Fed. R. Civ. P. 15(a). A court 27 1 || should determine whether the moving party was diligent in seeking amendment and 2 || whether there is sufficient prejudice to the non-moving party to justify denial of the 3 ||motion to amend. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 4 || 1992). 5 The Court finds that Ligand was diligent in seeking amendment and that Plaintiff is 6 || not seriously prejudiced by amendment at this stage, indeed Plaintiff does not oppose the 7 ||amendment. See ECF No. 153. Because “[R]ule 15’s policy of favoring amendments to 8 || pleadings should be applied with extreme liberality,” the Court hereby GRANTS 9 || Ligand’s Motion, and VACATKES the hearing currently scheduled for April 7, 2023. 10 || Defendant Ligand shall file its amended answer within two (2) days of this Order’s 11 issuance. 12 IT IS SO ORDERED. 13 Dated: March 21, 2023 =<

15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 18-cv-2856-GPC