Katie Ann Barcelo and Justin Roberts v. City of San Diego, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
Plaintiffs filed an unopposed motion for leave to file a Third Amended Complaint. The court granted the motion and ordered the complaint filed by May 7, 2026.
| What the court decided | The model |
|---|---|
Grant Plaintiffs’ Unopposed Motion for Leave to File Third Amended Complaint“The Court GRANTS Plaintiffs’ leave to file their Third Amended Complaint.” | agree with court The motion was unopposed, and the court applied the standard that leave to amend should be freely given. Granting leave in this context is consistent with Federal Rule of Civil Procedure 15(a). |
The order itself: sound — The order correctly applies the liberal amendment standard under Rule 15(a) and Ninth Circuit precedent to an unopposed motion. The reasoning is sufficient for the procedural posture.
Opinion
I 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 |} KATIE ANN BARCELO and JUSTIN Case No. 25-cv-0329-BAS-AHG ROBERTS, Plaintiffs ORDER GRANTING PLAINTIFFS’ 13 ° UNOPPOSED MOTION FOR LEAVE 14 V. TO FILE THIRD AMENDED 15 CITY OF SAN DIEGO, et al., (ECF No 40), 16 Defendants. 17 Presently before the Court is Plaintiffs’ Unopposed Motion for Leave to File Third 18 || Amended Complaint. (ECF No. 40.) “In general, a court should liberally allow a party to 19 |}amend its pleading.” Sonoma Cty. Ass’n of Retired Emps. v. Sonoma Cnty., 708 F.3d 20 1109, 1117 (9th Cir. 2013) (citing Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. 21 || Health Plan, Inc., 244 F.3d 708, 712 (9th Cir. 2001) (“A district court ‘shall grant leave 22 amend freely ‘when justice so requires.’”). Having reviewed and considered Plaintiffs’ 23 || Unopposed Motion (ECF No. 40), the Court GRANTS Plaintiffs’ leave to file their Third 24 || Amended Complaint. See Fed. R. Civ. P. 15(a). Plaintiffs shall file their Third Amended 25 ||Complaint on the docket no later than May 7, 2026. 26 IT IS SO ORDERED. 27 28 || DATED: April 30, 2026 (i Cynthia Bashant, Chief Judge _United States District Court