Sahel Oncology, LLC v. STA Pharmaceutical Hong King Limited
- Proceeding
- district
- Area
- civil
- Panel
- Cynthia Ann Bashant (author)
Analysis
The parties filed a joint motion for leave to amend the complaint, indicating the defendant's consent to the amendment. The court granted the motion and set deadlines for the plaintiff to file the First Amended Complaint and the defendant to file a responsive pleading.
| What the court decided | The model |
|---|---|
Granting the joint motion for leave to file a First Amended Complaint“the Court GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 25.)” | agree with court The decision follows from Federal Rule of Civil Procedure 15(a)(2), which allows a party to amend its pleading with the opposing party's written consent. The order recites that the motion is joint and indicates the defendant's consent, making the grant of leave procedurally correct and consistent with the liberal policy favoring amendments. |
The order itself: sound — The order correctly identifies the governing rule (Rule 15(a)(2)) and the relevant policy favoring amendments. It relies on the parties' joint motion as evidence of consent, which is sufficient to grant leave without a detailed analysis of potential prejudice or futility, especially given the consent. The reasoning is concise but legally sufficient for a consent-based amendment.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SAHEL ONCOLOGY, LLC, Case No. 23-cv-1458-BAS-DDL 12 Plaintiff, ORDER GRANTING JOINT 13 v. MOTION FOR LEAVE TO AMEND COMPLAINT (ECF No. 25) 14 STA PHARMACEUTICAL HONG LIMITED, 15 Defendant. 16 17 18 Presently before the Court is parties’ joint motion to grant Plaintiff leave to file a 19 First Amended Complaint against Defendant STA Pharmaceutical Hong Kong Limited. 20 (ECF No. 25.) 21 “In general, a court should liberally allow a party to amend its pleading.” Sonoma 22 Cty. Ass’n of Retired Emps. v. Sonoma Cty., 708 F.3d 1109, 1117 (9th Cir. 2013) (citing 23 Fed. R. Civ. P. 15(a)); see also Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 24 712 (9th Cir. 2001) (“A district court shall grant leave to amend freely when justice so 25 requires.’”). Further, a party may amend its pleading without a court order where the 26 opposing party consents in writing. Fed. R. Civ. P. 15(a)(2). 27 Here, considering (i) the broad policy favoring amendments to pleadings and (ii) 28 the parties’ joint motion, which indicates Defendant’s consent to the amendment, the Court ! || GRANTS the joint motion for leave to file a First Amended Complaint. (ECF No. 25.) 2 || Plaintiff shall file its First Amended Complaint on or before October 16, 2023. Defendant 3 || shall file a responsive pleading on or before November 6, 2023. 4 IT IS SO ORDERED. 5 A , 6 || DATED: October 6, 2023 Ypilag (Lyphaa. 6 7 sited Vinten District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28