Free Order - District Court of California - California

Case 3:07-cv-02226-DMS-AJB

Document 22

Filed 01/22/2008

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pending before the Court is Plaintiff's Motion to File a First Amended Complaint. A hearing on the matter is currently scheduled for January 25, 2008. The Court finds this matter suitable for submission without oral argument pursuant to Local Civil Rule 7.1(d)(1). Accordingly, no appearances are required at this time. Plaintiff brings this motion after Defendant filed a motion to dismiss, but before Defendant filed any responsive pleading within the meaning of Federal Rule of Civil Procedure 15(a). Rule 15(a) allows a party to amend "once as a matter of course at any time before a responsive pleading is served." Moreover, if either of the parties moves for leave to amend, it should be "freely given when justice so requires." Fed. R. Civ. Proc. 15(a). Although Plaintiff did not attach a proposed amendment, the text of his motion clearly indicates he wishes to add additional defendants to the existing claims. Under the liberal standard set forth in Rule 15, the Court grants leave to amend the Complaint to add HARRAH'S ENTERTAINMENT, INC., Defendant. vs. JAMES M. KINDER, Plaintiff, CASE NO. 07CV2226 ORDER VACATING HEARING DATE AND GRANTING PLAINTIFF'S MOTION TO FILE A FIRST AMENDED COMPLAINT [Doc. 12]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

-1-

07CV2226

Case 3:07-cv-02226-DMS-AJB

Document 22

Filed 01/22/2008

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

additional defendants. IT IS SO ORDERED.

DATED: January 22, 2008

HON. DANA M. SABRAW United States District Judge

-2-

07CV2226