ORDER RE: MOTION FOR LEAVE TO AMEND COMPLAINT

WILLIAM B. SHUBB, District Judge.

Plaintiffs Michael Scott Edwards, Lawrence Lamdin, and Vincent Vandenberg brought this wage-and-hour suit against defendant Bruce Olson Construction, Inc. ("Bruce Olson Construction"). Plaintiffs now move for leave to amend the Complaint to join two additional defendants, BOC-Nevada, Inc. ("BOC-Nevada") and Tahoe Construction Management & Sales, Ltd. ("TCMS").

In its Opposition, defendant disputed that plaintiff had shown "good cause" to amend the scheduling order under Federal Rule of Civil Procedure 16(b). (See Docket No. 21.) At oral argument, it became clear that the parties did not dispute whether amendment was appropriate, but simply disagreed on whether the proposed amendment satisfies the standards for relation back set forth by Rule 15(c). Defendant had no objection to the amendment so long as it was understood that the court was not ruling on whether it related back, and plaintiff was willing to have court rule on the motion to file the amended complaint without ruling on the relation back issue.

Because relation back is applicable only in the event that a defendant asserts a statute of limitations defense, the court need not address the applicability of relation back "until after leave to amend is granted and the amended pleading is filed." Netbula, LLC v. Distinct Corp., 212 F.R.D. 534, 539 (N.D. Cal. 2003); see also Owens v. Walgreen Co., Civ. No. 2:12-419 WBS JFM, 2012 WL 2359996, at *2 (E.D. Cal. June 20, 2012) (declining to address applicability of relation back or equitable tolling doctrines to amended complaint "because the better preferred procedure is to allow amendment and permit the defendant to challenge the pleadings with a motion to dismiss"). Accordingly, the court will grant plaintiffs' motion for leave to amend the Complaint without ruling on the question of whether it relates back to the date of the initial filing of the complaint.

IT IS THEREFORE ORDERED that plaintiffs' motion for leave to amend be, and the same hereby is, GRANTED. Plaintiffs shall file their First Amended Complaint within seven days of the date this Order is signed.