Waryck v. Thor Motor Coach, Inc.

Opinion

1 2 3 4 5 6 7 10 11 WARYCK, ET AL. Case No.: 3:22-cv-1096-L-KSC

12 Plaintiffs, ORDER GRANTING PLAINTIFFS’ 13 v. MOTION FOR LEAVE TO AMEND

[ECF No. 47] 15 Defendants. 16 17 Pending before the Court in this action is Plaintiffs’ motion for leave to amend the 18 first amended complaint. Plaintiffs have indicated that Defendants Thor Motor Coach, 19 Inc. and Mike Thompson Recreational Vehicles, Santa Fe Springs do not oppose the 20 motion. Defendant Reliable Delivery Services, Inc., has not opposed within the time 21 allowed by Civ. L. R. 7.1.e.2. The Court decides the matter on the papers submitted and 22 without oral argument. See Civ. L. R. 7.1.d.1. For the reasons stated below, the 23 Plaintiffs’ motion is granted. 24 Rule 15 advises leave to amend shall be freely given when justice so requires. Fed. 25 R. Civ. P. 15(a)(2). “This policy is to be applied with extreme liberality.” Eminence 26 Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1051 (9th Cir. 2003) (internal quotation 27 marks and citation omitted). 28 1 In the absence of any apparent or declared reason — such as undue delay, bad 7 faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the 3 opposing party by virtue of allowance of the amendment, futility of the A amendment, etc. — the leave sought should, as the rules require, be freely given. 5 6 Foman vy. Davis, 371 U.S. 178, 182 (1962) (internal quotation marks and citation 4 omitted). g Here, the Court finds that allowing a second amended complaint would not cause 9 undue delay, is not done in bad faith, would not cause undue prejudice, and would not be 10 futile. As leave sought should, as the rules require, be freely given, and no parties oppose ll the amendment, leave will be granted. 12 Accordingly, Plaintiffs’ motion for leave to amend is granted. No later than 13 November 1, 2023, Plaintiffs shall file an amended complaint in compliance with this 14 order, if any. Leave to amend is limited in scope addressed in the motion. Defendant 15 shall file and serve a response, if any, no later than the time provided in Federal Rule of 16 Civil Procedure 15(a)(3). The Plaintiffs also request an extension of all deadlines in the 7 scheduling order. Pursuant to Civ. L. R. 16.2, the parties are instructed to contact the 18 chambers of the Magistrate Judge assigned to this case regarding the scheduling order. 20 71 Dated: October 25, 2023 22 H . James Lorenz 23 United States District Judge 24 25 26 27 28