Richard Caruso v. Encore Capitol Group
- Proceeding
- district
- Area
- civil
- Panel
- John A. Houston (author)
Analysis
Plaintiff Richard Caruso moved for leave to file a first amended complaint to add three credit reporting agencies as defendants and clarify the allegations, a motion to which the defendant did not oppose. The court granted the motion and ordered the Clerk to file the attached amended complaint as the First Amended Complaint.
| What the court decided | The model |
|---|---|
Plaintiff's unopposed motion for leave to amend is granted.“Good cause appearing, IT IS HEREBY ORDERED Plaintiff's unopposed motion for leave to amend is GRANTED.” | agree with court The decision follows from the law and the record recited in the order. The court correctly identifies that leave to amend is within the trial court's discretion and is guided by a strong federal policy favoring disposition on the merits. Given that the motion was unopposed and the plaintiff sought to add parties and clarify facts, granting leave is the standard and appropriate outcome under Federal Rule of Civil Procedure 15(a). |
The order itself: sound — The order is procedurally sound. It correctly applies the standard for leave to amend under Rule 15(a), cites appropriate Ninth Circuit authority regarding the discretion and policy favoring amendment, and notes the lack of opposition. The conclusion that 'good cause appearing' justifies granting the motion is consistent with the cited legal principles and the unopposed nature of the request.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 RICHARD CARUSO, Case No.: 23cv00573 JAH-BGS 12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. UNOPPOSED MOTION FOR LEAVE TO AMEND [ECF No. 11] 14 ENCORCE CAPITOL GROUP, et. al. 15 Defendants. 16 17 18 On June 7, 2023, Plaintiff filed a motion for leave to file a first amended complaint. 19 Defendant filed a non-opposition to the motion. The Court vacated the hearing on the 20 motion and took the matter under submission. 21 A party may amend a pleading once as a matter of course within 21 days after serving 22 a pleading or 21 days after service of a responsive pleading or motion, and may otherwise 23 amend by leave of court. FED.R.CIV.P. 15(a). Granting leave to amend rests in the sound 24 discretion of the trial court. International Association of Machinists & Aerospace Workers 25 v. Republic Airlines, 761 F.2d 1386, 1390 (9th Cir. 1985). This discretion must be guided 26 by the strong federal policy favoring the disposition of cases on the merits. DCD Programs 27 Ltd. v. Leighton, 833 F.2d 183, 186 (9th Cir. 1987). Because Rule 15(a) favors a liberal 28 1 || policy, the nonmoving party bears the burden of demonstrating why leave to amend should 2 ||not be granted. Genetech, Inc. v. Abbott Laboratories, 127 F.R.D. 529 (N.D. Cal. 1989). 3 Plaintiff seeks to amend to add three credit reporting agencies to his first amended 4 ||complaint and to state the facts of the case, the relief requested, and the statutory violations 5 a more detailed and clear manner. Good cause appearing, IT IS HEREBY ORDERED 6 || Plaintiff's unopposed motion for leave to amend is GRANTED. The Clerk of the Court 7 ||shall file Plaintiff's amended complaint attached to the motion as the First Amended 8 || Complaint. 9 ||DATED: October 24, 2023 10 1] J A. HOUSTON Ynited States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28