Shir Mohammad Haidari v. Fay Felicitas, et al.

Opinion

1 2 3 6 7 SHIR MOHAMMAD HAIDARI, Case No. 25-cv-10710-EKL

8 Plaintiff, ORDER GRANTING MOTION TO 9 v. PROCEED IN FORMA PAUPERIS, SCREENING COMPLAINT, AND 10 FAY FELICITAS, et al., ORDERING SERVICE 11 Defendants. Re: Dkt. Nos. 1, 4, 11

12 Self-represented Plaintiff Shir Mohammad Haidari alleges that Defendants engaged in a 13 pattern of harassment, discrimination, and retaliation against him and his family in violation of the 14 Fair Housing Act. Plaintiff seeks to proceed in forma pauperis. ECF No. 4. Plaintiff also 15 requests leave to file a second amended complaint. ECF No. 11. This Order addresses all matters 16 currently pending before the Court. 17 First, having considered Plaintiff’s application to proceed in forma pauperis, the 18 application is GRANTED. 19 Second, Plaintiff seeks leave to amend the complaint to add JSE Homes LLC as a 20 defendant. Mot. for Leave at 1, ECF No. 11. JSE Homes LLC is alleged to be the owner and 21 management entity for Plaintiff’s home. Id. At this early stage, the Court should freely give leave 22 to amend “when justice so requires.” Fed. R. Civ. P. 15(a)(2). In deciding whether to grant leave 23 to amend, the Court considers the following factors: (1) undue delay, (2) bad faith or dilatory 24 motive, (3) repeated failure to cure pleading deficiencies, (4) undue prejudice to the opposing 25 party, or (5) futility of amendment. Foman v. Davis, 371 U.S. 178, 182 (1962). “Absent 26 prejudice, or a strong showing of any of the remaining Foman factors, there exists a presumption 27 1 F.3d 1048, 1052 (9th Cir. 2003) (per curiam). Here, Plaintiff promptly sought leave to amend less 2 than three months after initiating this case, and shortly after identifying JSE Homes LLC as a 3 potential defendant. The proposed second amended complaint does not add new factual 4 allegations or claims. Id. There is no indication of delay, bad faith, prejudice, or futility of 5 amendment. Therefore, the Foman factors favor granting leave to amend. Plaintiff’s motion is 7 Third, Section 1915(e)(2) requires the Court to screen complaints filed by persons 8 proceeding in forma pauperis. The Court must identify any cognizable claims, and dismiss claims 9 that are frivolous or malicious, fail to state a claim on which relief may be granted, or seek 10 monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B); 11 see also Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc). Here, the Court finds 12 that the second amended complaint sufficiently alleges cognizable claims against all Defendants 13 for violating the Fair Housing Act.1 Therefore, the Court will order service of the second amended 14 complaint. 15 For the foregoing reasons, the Court ORDERS as follows: 16 1. The Clerk of Court is directed to file Plaintiff’s proposed second amended complaint, 17 ECF No. 11-1, as a separate entry on the docket. The second amended complaint shall 18 serve as Plaintiff’s operative pleading in this case. 19 2. By April 29, 2026, Plaintiff shall file an amended proposed summons for Defendants 20 Fay Felicitas, James Encrantz, and JSE Homes LLC.2 The summons for JSE Homes 21 LLC shall be directed to its registered agent and address for service of process 22 according to the California Secretary of State’s website: 23 James Encrantz 405 El Camino Real #214 24 Menlo Park, CA 94025 25 26 1 This Order is without prejudice to any Defendant’s right to challenge the sufficiency of the 27 complaint after appearing in this case. ] 3. Upon Plaintiffs filing of the amended proposed summons, the Clerk of Court shall 2 issue the summons, and the U.S. Marshal for the Northern District of California shall 3 SERVE, without payment of fees, the operative second amended complaint, this 4 Order, and the amended summons upon all Defendants. 5 4. The initial case management conference scheduled for April 29, 2026, is 6 CONTINUED to July 29, 2026, to provide sufficient time for Defendants to be served 7 and to appear in this action. The parties shall file a joint case management statement 8 by July 15, 2026. 9 11 Dated: April 13, 2026 Eumi K. Lee 12 United States District Judge

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