Free Order on Motion for Leave to File - District Court of California - California

Case 3:07-cv-02391-JAH-POR

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Filed 06/26/2008

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ATTORNEYS AT LAW SAN DIEGO NORTH COUNTY

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

GEORGIA-PACIFIC CONSUMER PRODUCTS LP, a Delaware limited partnership,

) ) ) ) Plaintiff, ) ) v. ) ) LEE'S GENERAL TOYS, INC., a California ) corporation, JOHN LEE, an individual, and ) DOES 3-100, ) ) Defendants. ) ) )

Civil Action No. 07-CV-02391 JAH POR ORDER GRANTING JOINT MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

On December 20, 2007, Plaintiff Georgia-Pacific Consumer Products LP ("GeorgiaPacific") filed its complaint in this action. Dkt # 1. On February 15, 2008, Georgia-Pacific filed an unopposed motion for leave to file its First Amended Complaint. Dkt # 29. This motion was granted by order dated April 17, 2008. Dkt # 48. Rather than file a First Amended Complaint, the parties have jointly moved to permit Georgia-Pacific leave to file a Second Amended Complaint. Pursuant to Federal Rule of Civil Procedure 15(a), leave to amend "shall be given freely when justice so requires." Fed. R. Civ. P. 15(a); see also Morongo Band of Mission Indians v.
Case No. 07-CV-02391 JAH (POR)

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Case 3:07-cv-02391-JAH-POR

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Filed 06/26/2008

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ATTORNEYS AT LAW SAN DIEGO NORTH COUNTY

Rose, 893 F.2d 1074, 1079 (9th Cir. 1990). Furthermore, "[w]here there is lack of prejudice to the opposing party and the amended complaint is obviously not frivolous or made as a dilatory maneuver in bad faith, it is an abuse of discretion to deny such a motion." Hurn v. Retirement Fund Trust of Plumbing, Heating & Piping Indus., 648 F.2d 1252, 1254 (9th Cir. 1981); see also Foman v. Davis, 371 U.S. 178, 182 (1962) ("In the absence of [a] reason -- such as undue delay, bad faith or dilatory motive on the part of the movant, . . . undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc. -- the leave sought should, as the rules require, be `freely given.'"). The Court finds that no prejudice to Defendants would result from Georgia-Pacific's amendment of the complaint, and that there is no evidence that Georgia-Pacific's motive in filing an amended complaint is dilatory. Accordingly, the Joint Motion for Leave to File a Second Amended Complaint is GRANTED. IT IS HEREBY ORDERED as follows: 1. Georgia-Pacific shall be permitted to file its Second Amended Complaint, in the

form attached to the Joint Motion for Leave to File a Second Amended Complaint at Exhibit 1. 2. Georgia-Pacific's Second Amended Complaint shall be, and hereby is, deemed

filed and served upon Defendants Lee's General Toys and John Lee as of this date of this Order.

IT IS SO ORDERED.

DATED: June 26, 2008

________________________________ The Honorable John A. Houston UNITED STATES DISTRICT JUDGE

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