Jessica Argueta v. General Mills, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
The court considered a joint motion by the plaintiff and defendant for leave to file a second amended complaint to correct a typographical error and add a case number footer. The court granted the motion, directing the Clerk to file the document and setting a deadline for the defendant's responsive filing.
| What the court decided | The model |
|---|---|
Joint Motion for Leave to File Second Amended Class Action Complaint granted“the Court GRANTS the Joint Motion for Leave to File Second Amended Class Action Complaint.” | agree with court The decision follows from the law and the record recited in the order. The parties jointly requested the amendment, which was minor in nature (correcting a typo and adding a footer), and there was no showing of futility or prejudice. Under Federal Rule of Civil Procedure 15(a)(2) and Ninth Circuit precedent, leave to amend should be freely given absent such showings. |
The order itself: sound — The order correctly applies the standard for leave to amend under Rule 15(a)(2) and cites the appropriate Ninth Circuit authority (Eminence Capital) and Supreme Court precedent (Foman). The reasoning is sufficient for a joint motion involving a minor clerical correction, as the court notes the lack of prejudice or futility.
Opinion
1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 JESSICA ARGUETA, Case No.: 25-cv-03661-AJB-MMP 13 Plaintiff, ORDER GRANTING JOINT 14 v. MOTION FOR LEAVE TO FILE SECOND AMENDED CLASS 15 GENERAL MILLS, INC., ACTION COMPLAINT 16 Defendant. (Doc. No. 16) 17 18 19 Before the Court is Plaintiff Jessica Argueta’s (“Argueta”) and Defendant General 20 Mills, Inc.’s, (“General Mills”) Joint Motion for Leave to File Second Amended Class 21 Action Complaint. (Doc. No. 16.) The parties seek to allow Argueta to amend her 22 complaint by correcting a typographical error and adding a footer that identifies the case 23 number. (Id. at 1–2.) Given that the parties jointly request this relief and there being no 24 showing that the amendment would be futile or prejudice General Mills, the Court 25 GRANTS the Joint Motion for Leave to File Second Amended Class Action Complaint. 26 See Fed. R. Civ. P. 15(a)(2) (“The court should freely give leave [to amend a pleading] 27 when justice so requires.”); Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 28 (9th Cir. 2013) (“Absent prejudice, or a strong showing of any of the remaining Foman [v. 1 || Davis, 371 U.S. 178 (1962)] factors, there exists a presumption under Rule 15(a) in favor 2 granting leave to amend.”’). 3 Accordingly, the joint motion is GRANTED. (Doc. No. 16.) The Clerk of Court is 4 DIRECTED to file Doc. No. 16-1 as the Second Amended Complaint. General Mills must 5 ||submit a responsive filing on or before March 11, 2026. No further continuances will be 6 || granted absent extraordinary circumstances. 7 IT IS SO ORDERED. 8 ||Dated: February 18, 2026 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28