Maldonado v. City of Fresno

Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 MARISSA MALDONADO, as representative Case No. 1:24-cv-00102-KES-SAB 11 of the estate of Aimee Nicole Doughty, et al., ORDER GRANTING MOTION FOR LEAVE 12 Plaintiffs, TO AMEND

13 v. (ECF No. 42)

14 CITY OF FRESNO, et al., 15 Defendants.

16 Before the Court is Plaintiffs’ motion for leave to file an amended complaint. Defendants 17 have filed a non-opposition to the motion (ECF No. 47), and therefore, the Court finds it 18 appropriate to rule of the motion without oral argument. L.R. 230(g). 19 Under Rule 15(a) of the Federal Rules of Civil Procedure, leave to amend shall be freely 20 given when justice so requires. Fed. R. Civ. P. 15(a)(2). “In the absence of . . . undue delay, bad 21 faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by 22 amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of 23 the amendment, futility of amendment, etc.—the leave sought should . . . be ‘freely given.’” 24 Foman v. Davis, 371 U.S. 178, 182 (1962), quoting Fed. R. Civ. P. 15(a). In other words, 25 “[a]bsent prejudice, or a strong showing of any of the remaining Foman factors, there exists a 26 presumption under Rule 15(a) in favor of granting leave to amend.” Eminence Capital, LLC v. 27 Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003). 1 Here, the Court finds that granting leave to amend implicates none of the Forman factors. 2 | Indeed, Defendants have filed a non-opposition, which demonstrates that they will not be 3 | prejudiced by the granting of the motion. 4 Accordingly, it is HEREBY ORDERED that: 5 1. Plaintiffs’ motion for leave to file an amended complaint (ECF No. 42) is 6 GRANTED; and 7 2. Plaintiffs shall file the proposed first amended complaint within five (5) days of 8 the entry of this order. 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _April 15, 2025 _ Oe STANLEY A. BOONE 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28