Summary
The United States District Court for the Eastern District of California grants Plaintiff Charles Quick’s unopposed motion for leave to file a first amended complaint under Federal Rule of Civil Procedure 15(a). The court permits Plaintiff to add alleged access barriers and CX Sunflower, LLC as an additional defendant, finding no undue delay, prejudice, futility, or bad faith. The court vacates the August 22, 2025 hearing and directs Plaintiff to file the amended complaint within five court days.
Holdings
- Leave to file a first amended complaint should be freely granted where there is no showing of undue delay, bad faith, prejudice, or futility, particularly when the motion is timely and the opposing parties do not object.
- Because plaintiff moved to amend before the scheduling-order deadline for amendments expired, the motion was properly evaluated under Rule 15 rather than the heightened Rule 16 standard.
Questions Presented
- Whether plaintiff should be granted leave under Federal Rule of Civil Procedure 15(a) to file a first amended complaint adding alleged access barriers and CX Sunflower, LLC as a defendant.
- Whether the scheduled August 22, 2025 hearing on the motion should be vacated because the motion was unopposed and deemed submitted.
Disposition
other
Cases Cited (11)
- Bencomo v. County of Sacramento, No. 2:23-cv-00440-DAD-JDP, 2024 WL 382381, at *1 (E.D. Cal. Jan. 31, 2024)(followed)
- Coleman v. Quaker Oats Co., 232 F.3d 1271, 1294 (9th Cir. 2000)(distinguished)
- Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992)(applied by contrast)
- Foman v. Davis, 371 U.S. 178, 182 (1962)(followed)
- Chudacoff v. Univ. Med. Center of S. Nev., 649 F.3d 1143, 1152 (9th Cir. 2011)(followed)
- United States v. Webb, 655 F.2d 977, 979 (9th Cir. 1981)(followed)
- Johnson v. Buckley, 356 F.3d 1067, 1077 (9th Cir. 2004)(followed)
- Bonin v. Calderon, 59 F.3d 815, 845 (9th Cir. 1995)(followed)
- Western Shoshone Nat’l Council v. Molini, 951 F.2d 200, 204 (9th Cir. 1991)(followed)
- Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir. 2003)(followed)
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Cited In (0)
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Court Document
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