Alegre v. Contreras
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
Plaintiffs moved for leave to file a Fifth Amended Complaint pursuant to a stipulation and settlement agreement, and Defendants did not oppose the motion. The Court granted the motion, vacated the scheduled hearing, and directed the Clerk to file the proposed complaint.
| What the court decided | The model |
|---|---|
Plaintiffs' motion for leave to file a Fifth Amended Complaint is granted.“the Court GRANTS Plaintiffs’ motion for leave to file a 5AC.” | agree with court The decision follows from the law and the record recited in the order. Under Federal Rule of Civil Procedure 15(a)(2), leave to amend should be freely given when justice so requires. The order notes there is no opposition, no showing of futility, and no prejudice to Defendants. Citing Ninth Circuit precedent (Eminence Capital), the court correctly applies the presumption in favor of granting leave to amend absent prejudice or a strong showing of other negative factors. Since the motion is unopposed and the proposed amendment is part of a settlement agreement, granting leave is the standard and appropriate outcome. |
The previously scheduled motion hearing is vacated.“The motion hearing previously scheduled is hereby VACATED.” | agree with court Vacating a hearing is a procedural matter within the court's discretion, particularly when the matter is suitable for determination on the papers and the motion is unopposed. This is a routine administrative action consistent with the grant of the motion. |
The order itself: sound — The order correctly identifies the governing rule (Rule 15(a)(2)) and the controlling Ninth Circuit precedent (Eminence Capital). It applies the presumption in favor of amendment correctly given the lack of opposition, futility, or prejudice. The reasoning is concise but sufficient for an unopposed motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CINDY ALEGRE, et al, Case No.: 16-cv-02442-AJB-MSB 12 Plaintiffs, ORDER GRANTING PLAINTIFFS’ 13 v. UNOPPOSED MOTION FOR LEAVE TO FILE A FIFTH AMENDED 14 UNITED STATES OF AMERICA, et al., COMPLAINT 15 Defendants. (Doc. No. 254) 16 17 Before the Court is Plaintiffs’ motion for leave to file a Fifth Amended Complaint 18 (“5AC”) as agreed upon by the Parties’ October 20, 2023 Stipulation and Settlement 19 Agreement, and as noted in the Bureau of Indian Affairs’ October 31, 2024 Decision. (Doc. 20 No. 254 at 2–3; see id. at 13.) Defendants filed a statement of non-opposition to Plaintiffs’ 21 motion. (Doc. No. 255.) The Court finds the matter suitable for determination on the papers 22 and without oral argument. The motion hearing previously scheduled is hereby 23 VACATED. 24 There being no opposition to Plaintiffs’ filing of a 5AC as provided in Doc. No. 254- 25 1 and no showing that the amendment would be futile or prejudice Defendants, the Court 26 GRANTS Plaintiffs’ motion for leave to file a 5AC. See Fed. R. Civ. P. 15(a)(2) (courts 27 should freely grant leave to amend “when justice so requires”); Eminence Cap., LLC v. 28 1 || Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2013) (“Absent prejudice, or a strong showing” 2 || of the remaining factors, there exists a ‘presumption under Rule 15(a) in favor of granting 3 leave to amend.””). 4 The Clerk of Court is DIRECTED to vacate the March 20, 2025 hearing and file 5 No. 254-1 as the Fifth Amended Complaint. Defendants’ responsive pleading to the 6 must be filed no later than March 10, 2025. 7 8 IT IS SO ORDERED. ? || Dated: February 24, 2025 Q ZS : 10 Hon. Anthony J.Battaglia 11 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28