The Upper Deck Company v. Pixels.com, LLC

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 THE UPPER DECK COMPANY, Case No. 24-cv-00923-BAS-DEB

12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO FILE FIRST AMENDED COMPLAINT (ECF No. 14 PIXELS.COM, LLC, 21) 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 Pixels.com, LLC. (ECF No. 21.) 20 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 21 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 22 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 23 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 24 requires.’”). Further, a party may amend its pleading without a court order where the 25 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 26 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) 27 the parties’ joint motion, which indicates Defendant’s consent to the amendment, the Court 28 GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 21.) | || Plaintiff shall file its First Amended Complaint on or before October 7, 2024. Defendant 2 file a responsive pleading on or before October 21, 2024. 3 IT IS SO ORDERED. 4 A 5 || DATED: September 30, 2024 Ypilag (Lyohaa 6 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28