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CAROLINA CASUALTY INSURANCE COMPANY v. OAHU AIR CONDITIONING SERVICE, INC., 2:13-01378 WBS AC. (2015)

Court: District Court, E.D. California Number: infdco20150428845 Visitors: 2
Filed: Apr. 27, 2015
Latest Update: Apr. 27, 2015
Summary: ORDER WILLIAM B. SHUBB , District Judge . Defendant and third-party plaintiff Oahu Air Conditioning Service, Inc. ("OAC") seeks leave of court to amend its third-party complaint to name additional third-party defendants. Plaintiff filed a statement of non-opposition to OAC's motion to amend, (Docket No. 131), and none of the remaining parties in this matter opposed the motion, ( see Oahu's Mot. at 2:22-23 (Docket No. 123) ("OAC understands that none of the current parties in the litigation
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ORDER

Defendant and third-party plaintiff Oahu Air Conditioning Service, Inc. ("OAC") seeks leave of court to amend its third-party complaint to name additional third-party defendants. Plaintiff filed a statement of non-opposition to OAC's motion to amend, (Docket No. 131), and none of the remaining parties in this matter opposed the motion, (see Oahu's Mot. at 2:22-23 (Docket No. 123) ("OAC understands that none of the current parties in the litigation oppose OAC's motion to amend its third-party complaint.").

Having read OAC's brief and in light of the absence of any opposition to its motion, the court concludes that oral argument is unnecessary. The court will therefore vacate the hearing set for May 4, 2015 and take the matter under submission pursuant to Eastern District Local Rule 230(g).

OAC represents that it now seeks leave to amend because its discovery and investigation has identified other generators that allegedly caused or contributed to the environmental contamination giving rise to plaintiff's response costs. Because nothing suggests that OAC was not diligent in seeking leave to amend and the trial is not set to commence until one year from now, the court finds good cause under Fed. R. Civ. P. 16(b) to grant OAC's unopposed motion to amend its third-party complaint. See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607-08 (9th Cir. 1992).

IT IS THEREFORE ORDERED that OAC's motion for leave to file an amended third-party complaint be, and the same hereby is, GRANTED. OAC shall file its amended third-party complaint within three days of the date of this Order.

Source:  Leagle

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