gno.law

Franz v. Beiersdorf, Inc.

District Court, S.D. California · 3:14-cv-02241 · 2019-10-09 · Unknown

Proceeding
district
Area
civil
On appeal
Stacie Somers v. Beiersdorf, Inc. (2021-03-25) — affirmed — the Ninth Circuit's later ruling on this docket
Panel
Larry Alan Burns (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-14T00:04Z · confidence high

Plaintiff Ashley Franz moved for leave to amend her complaint to substitute a new class plaintiff, Stacie Somers, and to file certain documents under seal. The court granted both motions, finding good cause for the substitution and noting the defendant's lack of opposition.

What the court decidedThe model
Motion for Leave to Amend Complaint (Dkt. 86) is granted.
“Plaintiff's motion for leave to amend is GRANTED. Dkt. 86.”
agree with court
The court correctly applied the 'freely given' standard of Rule 15(a)(2) to justify the amendment despite the 21-day limit in Rule 15(a)(1). The court cited specific factors supporting the amendment: lack of prejudice (evidenced by the defendant's non-opposition), no expansion of the case's scope, and no impact on deadlines. This is a standard and appropriate exercise of discretion in class action litigation where the original plaintiff's ability to represent the class may be compromised.
Motion for Leave to File Documents Under Seal (Dkt. 84) is granted.
“Plaintiff's Motion for Leave to File Documents Under Seal is likewise GRANTED. Dkt. 84.”
unsure
The order grants the motion without reciting the specific legal standard for sealing (e.g., the 'compelling reasons' test or balancing test). However, the decision is procedural and the court directs the Clerk to keep the documents sealed pending further order, which is a standard interim measure. While the reasoning is sparse, the result is a routine procedural ruling.

The order itself: sound with gaps — The order is procedurally sound regarding the motion to amend. It correctly identifies the applicable rule (Rule 15(a)(2)) and provides sufficient factual and legal grounds for granting leave (lack of prejudice, no scope expansion, no deadline impact). The citation to district court cases supports the proposition that substitution is common in these circumstances. The order is 'sound with gaps' only in that it does not explicitly state the standard for the sealing motion, but this is a minor procedural omission in an otherwise clear order.

How this analysis was made · dispute it

Opinion

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8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10

11 ASHLEY FRANZ, individually and on CASE NO. 14cv2241-LAB (AGS) behalf of others similarly situated, 12 ORDER GRANTING MOTION FOR Plaintiff, LEAVE TO AMEND [Dkt. 86] 13 vs. 14 BEIERSDORF, INC., 15 Defendan t. 16 Plaintiff Ashley Franz seeks leave to amend her complaint to substitute a new 17 plaintiff, Stacie Somers, in her place. Dkt. 86. Because more than 21 days have passed 18 since Defendant Beiersdorf responded to Franz’s complaint, she may not unilaterally amend 19 at this stage. Fed. R. Civ. P. 15(a)(2). But the Federal Rules are clear that “the court should 20 freely give leave [to amend] when justice so requires.” Id. In situations like this, where the 21 original plaintiff’s health might affect his or her ability to adequately represent the class, 22 courts routinely permit substitution of class plaintiffs. See, e.g., Hinojos v. Kohl’s Corp. 2013 23 WL 5835780, at *2 (C.D. Cal. 2013); Thorn v. Bob Evans Farms, LLC, 2013 WL 2456336, 24 at *2 (S.D. Ohio 2013). 25 The Court finds good cause to permit amendment here. Defendants do not oppose 26 Plaintiff’s request, which is prima facie evidence that amendment would not result in 27 prejudice. Further, the amendment would not expand the scope of this case, as Plaintiff 28 Stacie Somers’s claims mirror those brought by the original Plaintiff, Ashley Franz. Finally, 1 || Plaintiff submits that the amendment will not affect any deadlines in this case, discovery- 2 || related or otherwise. Plaintiff's motion for leave to amend is GRANTED. Dkt. 86. 3 Plaintiff's Motion for Leave to File Documents Under Seal is likewise GRANTED. 4 || Dkt. 84. The Clerk is directed to keep those documents under seal pending further order of 5 || the Court. 6 IT IS SO ORDERED. 7 || Dated: October 8, 2019 lau / A (4, yy 8 HONORABLE LARRY ALAN BURNS 9 Chief United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28