TBM N160TM, LLC v. Signature Flight Support LLC

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TBM N160TM, LLC, a California limited Case No. 1:24-cv-00963-KES-HBK liability company, 12 ORDER GRANTING STIPULATED BLACKHORSE, LLC, a California limited MOTION FOR PLAINTIFF TO FILE 13 liability company, SECOND AMENDED COMPLAINT 14 Plaintiffs, (Doc. No. 7) 15 v. 16 SIGNATURE FLIGHT SUPPORT, LLC, a Delaware limited liability company, 17 Defendant. 18 19 20 On August 16, 2024, Defendant removed this action from Fresno Superior Court to this 21 Court. (Doc. No. 1). On August 19, 2025, the Parties filed a stipulation to permit Plaintiff to file 22 a second amended complaint as it appears in Exhibit “A.” (Doc. No. 7). The second amended 23 complaint is necessary to reflect the recent change in the name of a party. Specifically, Plaintiff 24 Blackhorse, LLC recently changed its business name as registered with the California Secretary 25 of State to Blackhorse Clovis, LLC. The parties further stipulate that Defendant is not required to 26 file an answer to the second amended complaint and its answer previously filed on June 21, 2024 27 in the Fresno Superior Court is deemed to be Defendant’s answer to the anticipated second 28 amended complaint. (Id.). See KST Data, Inc. v. DXC Tech. Co., 980 F. 3d 709, 715 (9th Cir. 1 | 2020) (recognizing defendant’s prior response is not mooted by amendment when allegations in 2 | the amended complaint do not change scope or theory of case). 3 Rule 15 governs amended complaints and supplemental pleadings. Fed. R. Civ. P. 15. 4 | After an answer, “a party may amend its pleading only with the opposing party’s written consent 5 | or the court’s leave” and the “court should freely give leave when justice so requires.” Fed. R. 6 | Civ. P. 15(a)(2). Defendant consents to Plaintiff filing a second amended complaint. 7 Accordingly, it is ORDERED: 8 1. The Parties’ joint motion for leave for Plaintiff to file a second amended complaint 9 | (Doc. No. 7) is GRANTED. 10 2. Plaintiff shall file the second amended complaint within ten (10) days. 11 3. The Clerk shall terminate the earlier motion (Doc. No. 5) filed the same day that failed 12 | to attach the proposed second amended complaint. 13 4. Defendant is not required to file an answer to the second amended complaint and its 14 || answer previously filed on June 21, 2024 shall be deemed its answer to the second amended 15 | complaint. 16 | Dated: _ August 19,2024 Mile. Wh fareh Zaskth 18 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE

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