TD Professional Services v. Truyo Incorporated

Opinion

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 TD Professional Services, No. CV-22-00018-PHX-MTL

10 Plaintiff, ORDER

11 v.

12 Truyo Incorporated, et al.,

13 Defendants. 14 15 Pending before the Court is Plaintiff’s Motion for Leave to Amend the Complaint. 16 (Doc. 50). Defendants did not respond, and Plaintiff’s Motion does not indicate whether it 17 sought Defendants’ consent to amend before filing this Motion. 18 Federal Rule of Civil Procedure 15(a) provides that leave to amend should be freely 19 granted “when justice so requires.” Fed. R. Civ. P. 15(a)(2). “The power to grant leave to 20 amend ... is entrusted to the discretion of the district court, which ‘determines the propriety 21 of a motion to amend by ascertaining the presence of any of four factors: bad faith, undue 22 delay, prejudice to the opposing party, and/or futility.’” Serra v. Lappin, 600 F.3d 1191, 23 1200 (9th Cir. 2010) (quotation omitted). 24 Plaintiff seeks to amend its Complaint to conform it to the Court’s June 15, 2022 25 Scheduling Order. (Doc. 50 at 2). Plaintiff seeks to: remove its aiding and abetting claim 26 (Count III) that the Court previously dismissed at the June 15, 2022, case management 27 conference after oral argument on Defendants’ Motion to Dismiss; clarify its inducement 28 allegations under 35 U.S.C. § 271; and make minor changes to the factual allegations for 1}| clarity. Ud. at 2). 2 The Court has reviewed Plaintiff's proposed amendments and does not find that || any of the relevant factors weigh against allowing the amendments. 4 Accordingly, 5 IT IS ORDERED that Plaintiff's Motion (Doc. 50) is GRANTED, for the reasons 6 || stated herein. 7 IT IS FURTHER ORDERED that Plaintiff's file and serve on Defendants a clean 8 || copy of their First Amended Complaint by Friday, August 12, 2022. 9 IT IS FURTHER ORDERED that Defendants respond to Plaintiff's First □□ Amended Complaint within the time limits prescribed in the Federal Rules of Civil Procedure. 12 Dated this 8th day of August, 2022. 13 Micha T. Sihurde Michael T. Liburdi 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28

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