Sahel Oncology, LLC v. STA Pharmaceutical Hong King Limited

Opinion

1 2 3 4 5 6 7 10 11 SAHEL ONCOLOGY, LLC, Case No. 23-cv-1458-BAS-DDL

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR LEAVE TO AMEND COMPLAINT (ECF No. 25)

LIMITED, 15 Defendant. 16

17 18 Presently before the Court is parties’ joint motion to grant Plaintiff leave to file a 19 First Amended Complaint against Defendant STA Pharmaceutical Hong Kong Limited. 20 (ECF No. 25.) 21 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 22 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 23 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 24 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 25 requires.’”). Further, a party may amend its pleading without a court order where the 26 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 27 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) 28 the parties’ joint motion, which indicates Defendant’s consent to the amendment, the Court ! || GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 25.) 2 || Plaintiff shall file its First Amended Complaint on or before October 16, 2023. Defendant 3 || shall file a responsive pleading on or before November 6, 2023. 5 A , 6 || DATED: October 6, 2023 Ypilag (Lyphaa. 6 7 sited Vinten District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28