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Knapp v. Cardinale

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 18, 2013
Case No. C-12-05076-RMW (N.D. Cal. Mar. 18, 2013)

Opinion

Case No. C-12-05076-RMW

03-18-2013

KEITH CHARLES KNAPP, as Trustee of the California Home Loans Profit Sharing Plan; TRUST FOR THE CALIFORNIA HOME LOANS PROFIT SHARING PPLAN, as a fiduciary of the California Home Loans Profit Sharing Plan, Plaintiffs, v. NOREEN CARDINALE, an individual, Defendant.


ORDER GRANTING DEFENDANT'S

MOTION FOR LEAVE TO FILE AN

AMENDED COMPLAINT


[Re Docket No. 22]

Plaintiff Keith Charles Knapp moves for leave to file a First Amended Complaint against defendant Noreen Cardinale to add a plaintiff. Under the Federal Rules, an amendment is only allowed with the court's leave, but it "should freely give leave when justice so requires." Fed. R. Civ. P. 15. "In the absence of any apparent or declared reason-such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.-the leave sought should, as the rules require, be 'freely given.'" Foman v. Davis, 371 U.S. 178, 182 (1962); Hall v. City of Los Angeles, 697 F.3d 1059, 1073 (9th Cir. 2012). Because Cardinale has failed to show any of these factors, the court GRANTS leave to amend the complaint.

________________________

Ronald M. Whyte

United States District Court Judge


Summaries of

Knapp v. Cardinale

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Mar 18, 2013
Case No. C-12-05076-RMW (N.D. Cal. Mar. 18, 2013)
Case details for

Knapp v. Cardinale

Case Details

Full title:KEITH CHARLES KNAPP, as Trustee of the California Home Loans Profit…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Mar 18, 2013

Citations

Case No. C-12-05076-RMW (N.D. Cal. Mar. 18, 2013)