Michael Grecco Productions, Inc. v. McKinnon Broadcasting Company
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The court considered a plaintiff's motion for leave to file a first amended complaint adding a new defendant and a joint motion to dismiss the original defendant. The court granted both motions, allowing the amendment and dismissing the case against McKinnon Broadcasting Company with prejudice.
| What the court decided | The model |
|---|---|
Granting Plaintiff's Motion for Leave to File First Amended Complaint“Thus, the Court GRANTS Plaintiffs motion for leave to amend.” | agree with court The court applied the correct standard under Federal Rule of Civil Procedure 15(a)(2), which requires that leave to amend be freely given when justice so requires. The citation to Foman v. Davis is appropriate for the factors considered in such a determination. The decision follows from the law and the procedural posture described. |
Granting Joint Motion to Dismiss McKinnon Broadcasting Company with Prejudice“The Court GRANTS the joint motion and DISMISSES WITH PREJUDICE Plaintiff's case as to Defendant McKinnon Broadcasting Company.” | agree with court The dismissal is based on a joint motion by the parties. Courts generally have the authority to grant joint motions to dismiss a party, particularly when it does not prejudice the remaining parties or the court's docket. The order notes that each party bears its own fees, which is a standard resolution for such stipulations. The decision is procedurally sound. |
The order itself: sound — The order is a short, procedural ruling that correctly applies the standard for leave to amend under Rule 15(a)(2) and properly grants a joint motion to dismiss. It cites the relevant rule and a standard Supreme Court case for the amendment motion. There are no gaps in reasoning for these specific procedural actions.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL GRECCO PRODUCTIONS, Case No. 22-cv-00935-BAS-AHG INC., 12 ORDER: Plaintiff, 13 v. (1) GRANTING MOTION FOR 14 LEAVE TO FILE FIRST MCKINNON BROADCASTING 15 AMENDED COMPLAINT (ECF COMPANY, No. 12); AND 16 Defendant. 17 (2) GRANTING JOINT MOTION 18 TO DISMISS MCKINNON BROADCASTING COMPANY 19 WITH PREJUDICE (ECF 20 No. 13)
22 Pending before the Court are two motions in this copyright action. First, Plaintiff 23 moves for leave to file a first amended complaint. (ECF No. 12.) The proposed first 24 amended complaint adds The Associated Press as a defendant, which Plaintiff alleges was 25 responsible for the infringement at issue. (Id.) Rule 15(a)(2) provides that the Court “should 26 freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2). The Court finds that 27 granting leave is appropriate here. See Foman v. Davis, 371 U.S. 178, 182 (1962) (listing 28 | || factors for granting leave to amend). Thus, the Court GRANTS Plaintiffs motion for leave 2 ||to amend. Plaintiff must file the amended pleading no later than September 6, 2022. 3 Second, the parties have jointly requested that Defendant McKinnon Broadcasting 4 ||Company be dismissed from this case with prejudice. (ECF No. 13.) The Court GRANTS 5 ||the joint motion and DISMISSES WITH PREJUDICE Plaintiff's case as to Defendant 6 McKinnon Broadcasting Company. Each party shall bear its own attorneys’ fees and costs.! 7 IT IS SO ORDERED. 8 f 9 || DATED: August 31, 2022 (pil Q_& Ayphan. 6 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ! Further, the Court TERMINATES the parties’ duplicative motions. (ECF Nos. 10, 11.) ~_9.