The Upper Deck Company v. Pixels.com, LLC
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion seeking leave for the Plaintiff to file a First Amended Complaint. The Court granted the motion and set a deadline for the Plaintiff to file the amended complaint by October 7, 2024.
| What the court decided | The model |
|---|---|
Granting the joint motion for leave to file a First Amended Complaint“the Court GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 21.)” | agree with court The decision follows from the broad policy favoring amendments and the specific provision of Federal Rule of Civil Procedure 15(a)(2) which allows amendment without court order when the opposing party consents in writing. The order recites that the motion is joint, indicating consent. |
The order itself: sound — The order correctly applies the liberal amendment standard and the specific rule regarding consent to amend. It relies on appropriate Ninth Circuit precedent and the Federal Rules of Civil Procedure. The reasoning is sufficient for a procedural order granting a joint motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 THE UPPER DECK COMPANY, Case No. 24-cv-00923-BAS-DEB 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION TO FILE FIRST AMENDED COMPLAINT (ECF No. 14 PIXELS.COM, LLC, 21) 15 Defendant.
16 17 18 Presently before the Court is parties’ joint motion to grant Plaintiff leave to file a 19 First Amended Complaint against Defendant Pixels.com, LLC. (ECF No. 21.) 20 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 21 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 22 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 23 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 24 requires.’”). Further, a party may amend its pleading without a court order where the 25 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 26 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) 27 the parties’ joint motion, which indicates Defendant’s consent to the amendment, the Court 28 GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 21.) | || Plaintiff shall file its First Amended Complaint on or before October 7, 2024. Defendant 2 file a responsive pleading on or before October 21, 2024. 3 IT IS SO ORDERED. 4 A 5 || DATED: September 30, 2024 Ypilag (Lyohaa 6 6 United States District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28