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Innovative Bowling Products, LLC v. Exactacator, Inc., 2:19-cv-00177-MCE-AC. (2019)

Court: District Court, E.D. California Number: infdco20191120a67 Visitors: 5
Filed: Nov. 19, 2019
Latest Update: Nov. 19, 2019
Summary: ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT MORRISON C. ENGLAND, JR. , District Judge . Having reviewed Plaintiffs Innovative Bowling Product's and John Jameson' Motion for Leave to File First Amended Complaint (ECF No. 15), as well as Defendants' Statement of Non-Opposition to said request to file an amended pleading, 1 the Court rules as follows. "The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). In ruling on a motion for leave t
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ORDER GRANTING MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT

Having reviewed Plaintiffs Innovative Bowling Product's and John Jameson' Motion for Leave to File First Amended Complaint (ECF No. 15), as well as Defendants' Statement of Non-Opposition to said request to file an amended pleading,1 the Court rules as follows.

"The court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). In ruling on a motion for leave to amend, "a court must be guided by the underlying purpose of Rule 15 to facilitate decision on the merits, rather than on the pleadings or technicalities." United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981). The opposing party bears the burden of showing "undue delay, bad faith, undue prejudice, or futility of amendment on the part of the moving party." Hip Hop Beverage Corp. v. RIC Representacoes Importacao e Comerico Ltda., 220 F.R.D. 614, 620 (C.D. Cal. 2003).

The proposed First Amended Complaint includes allegations discovered by Plaintiffs during discovery. Thereafter, Plaintiffs promptly notified Defendant, Exactacator, Inc., that Plaintiffs intended to file an amended complaint based on the information obtained through discovery. Granting leave to amend would facilitate a decision of this action on the merits. Defendant has not shown undue delay, bad faith, undue prejudice or futility of amendment. Good cause having being shown, Plaintiffs' Motion (ECF No. 15) is hereby GRANTED. Plaintiffs are directed to file the First Amended Complaint attached to its motion as Exhibit A not later than ten (10) days after the date this Order is electronically filed.

Regarding Plaintiffs' request for sanctions contained within the Motion, the Court will entertain that request only to the extent a separate motion is filed which permits the issue to be fully briefed.

IT IS SO ORDERED.

FootNotes


1. The Court recognizes that the Motion was opposed to the extent it sought sanctions against Defendant Exactacator and its lead counsel, John Cammack.
Source:  Leagle

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