Integrity Medical Product Solutions, LLC v. Seroclinix Corporation
- Proceeding
- district
- Area
- civil
- Panel
- James C. Mahan (author)
Analysis
The court considered the parties' joint motion to withdraw a pending motion for judgment on the pleadings, allow the plaintiff to file a Fourth Amended Complaint, allow the defendants to file a Third-Party Complaint, and extend the time to answer. The court granted the joint motion, terminated the motion for judgment on the pleadings as moot, and set deadlines for the filing of the amended complaint, third-party complaint, and answer.
| What the court decided | The model |
|---|---|
Grant the parties' Joint Motion to withdraw the Motion for Judgment on the Pleadings, allow the Plaintiff to file a Fourth Amended Complaint, allow the Defendants to file a Third-Party Complaint, and extend the time for the Defendants to file an Answer.“Here, in light of the broad policy favoring amendments to pleadings and the parties’ Joint Motion, which reflects Defendants’ consent, the Court GRANTS the Joint Motion.” | agree with court The court correctly applied the liberal amendment standard under Federal Rule of Civil Procedure 15(a) and recognized that the parties' joint motion reflected consent, which is sufficient to allow amendment without a court order. The decision to terminate the motion for judgment on the pleadings as moot is procedurally appropriate given the withdrawal. |
Terminate the pending Motion for Judgment on the Pleadings (ECF No. 42) as moot.“Consequently, the pending Motion for Judgment on the Pleadings (ECF No. 42) is TERMINATED as moot.” | agree with court Terminating a motion as moot upon its withdrawal is standard procedure and follows logically from the grant of the joint motion to withdraw it. |
Order Plaintiff to file its Fourth Amended Complaint by January 30, 2025, Defendants to file an Answer by February 6, 2025, and Defendants to file their Third-Party Complaint by January 30, 2025.“1. Plaintiff Integrity shall file its Fourth Amended Complaint no later than Thursday, January 30, 2025. 2. Defendants shall file an Answer to Plaintiff's Fourth Amended Complaint no later than Thursday, February 6, 2025. 3. Defendants shall file their Third-Party Complaint no later than Thursday, January 30, 2025.” | agree with court Setting specific deadlines for filings in response to a granted motion to amend and file third-party claims is within the court's inherent case management authority and is consistent with the relief requested in the joint motion. |
The order itself: sound — The order is procedurally sound. It correctly identifies the relevant legal standard for amendment (liberal allowance, consent), applies it to the facts (joint motion reflecting consent), and issues appropriate case management orders. It does not skip any necessary arguments or authorities for this type of procedural ruling.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 INTEGRITY MEDICAL PRODUCT Case No. 22-cv-00785-BAS-BLM SOLUTIONS, LLC, 12 ORDER GRANTING PARTIES’ Plaintiff, 13 JOINT MOTION (ECF No. 56) v. 14 SEROCLINIX CORPORATION, et al., 15 16 Defendants. 17 18 This case arises from a contractual dispute between Plaintiff Integrity Medical 19 Product Solutions, LLC (“Integrity”) and Defendants Seroclinix Corporation, a Canadian 20 corporation (“Seroclinix Canada”), and Seroclinix Corporation, a Delaware corporation 21 (“Seroclinix Delaware”). Before the Court are the parties’ Joint Motion to (1) withdraw 22 Seroclinix Delaware’s Motion for Judgment on the Pleadings (ECF No. 42); (2) allow 23 Plaintiff to file a Fourth Amended Complaint; (3) allow Defendants to file a Third-Party 24 Complaint; and (4) extend the time for Defendants to file an Answer to the Fourth 25 Amended Complaint. (ECF No. 56.) 26 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 27 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 28 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 2 requires.””). Further, a party may amend its pleading without a court order where the 3 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 4 Here, in light of the broad policy favoring amendments to pleadings and the parties’ 5 || Joint Motion, which reflects Defendants’ consent, the Court GRANTS the Joint Motion. 6 Consequently, the pending Motion for Judgment on the Pleadings (ECF No. 42) is 7 || TERMINATED as moot. The Court further ORDERS as follows: 8 1. Plaintiff Integrity shall file its Fourth Amended Complaint no later than 9 Thursday, January 30, 2025. 10 2. Defendants shall file an Answer to Plaintiff's Fourth Amended Complaint no 1 later than Thursday, February 6, 2025. 12 3. Defendants shall file their Third-Party Complaint no later than Thursday, 13 January 30, 2025. 14 IT IS SO ORDERED. 15 / . 16 | DATED: January 23, 2025 asf dg aphan 6 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28 +4.