Lopez v. General Dynamics Information Technology, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties jointly moved for leave to file a First Amended Complaint. The court granted the motion and set deadlines for the amended complaint and the defendant's responsive pleading.
| What the court decided | The model |
|---|---|
Joint motion to file First Amended Complaint granted“the Court GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 4.)” | agree with court The court correctly applied the liberal amendment standard of Federal Rule of Civil Procedure 15(a) and the Ninth Circuit precedent favoring amendments. The presence of a joint motion indicates consent, which further supports granting leave. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable rule (Rule 15(a)) and the relevant Ninth Circuit precedent favoring liberal amendment. The decision to grant the motion is supported by the joint nature of the request, which implies consent.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 VERONICA B. LOPEZ, individually, and Case No. 24-cv-01743-BAS-DEB on behalf of all others similarly situated, 12 ORDER GRANTING JOINT Plaintiff, 13 MOTION TO FILE FIRST v. AMENDED COMPLAINT (ECF No. 14 4) GENERAL DYNAMICS 15 INFORMATION TECHNOLOGY, INC., 16 Defendant. 17 18 Presently before the Court is the parties’ joint motion to grant Plaintiff leave to file 19 a First Amended Complaint against General Dynamics Information Technology, Inc. (ECF 20 No. 4.) 21 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 22 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 23 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 24 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 25 requires.’”). Further, a party may amend its pleading without a court order where the 26 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 27 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) 28 the parties’ joint motion, which indicates Defendant’s consent to the amendment, the Court 1 || GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 4.) 2 || Plaintiff shall file her First Amended Complaint on or before November 25, 2024. 3 || Defendant shall file a responsive pleading on or before December 9, 2024. 4 IT IS SO ORDERED. 5 A , 6 || DATED: October 24, 2024 Ypilag (Lyohaa 6 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28