Summary
finding that leave to amend was properly granted to allow the plaintiff to meet the pleading requirements established in Chapman
Summary of this case from Morales v. Ralphs Grocery Co.Opinion
No. CIV S-10-0908 KJM CMK.
June 13, 2011
ORDER
This matter comes before the court upon plaintiff's motion to amend the complaint, filed on May 4, 2010. (ECF 72.) For the following reasons, plaintiff's motion to amend is hereby GRANTED.
I. PROCEDURAL HISTORY
II. ANALYSIS
Chapman v. Pier 1 Imports (U.S.) Inc. 631 F.3d 939 15 Ascon Properties, Inc. v. Mobil Oil Co. 866 F.2d 11491160DCD Programs, Ltd. v. Leighton833 F.2d 183 186United States v. Webb655 F.2d 977 979 Ascon Properties866 F.2d at 1160 Id Leighton833 F.2d at 186
Thus, leave to amend is rightly granted here, where the amendment will not cause defendant undue prejudice, is not sought in bad faith, is not futile, and does not create undue delay. Moreover, this amendment to the complaint is plaintiff's first.
II. CONCLUSION
For the foregoing reasons, plaintiff's motion to amend the complaint is GRANTED. The Clerk is DIRECTED to file Exhibit A of Docket Number 72 as plaintiff's first amended complaint. Each defendant shall file an answer within fourteen days of being served this order.
IT IS SO ORDERED.
DATED: June 9, 2011.